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The Illinois Supreme Court unanimously ruled on Thursday that the Illinois Biometric Information Privacy Act (BIPA) is not preempted by the Illinois Workers’ Compensation Act (IWCA).

This decision clears the way for employees to pursue BIPA statutory damages ($1,000 for each negligent violation or $5,000 for each intentional or reckless violation), a significant and costly defeat for employers in a case that was followed closely by attorneys on both sides of the bar.

Continue Reading BIPA Lives On: Illinois Supreme Court Rejects Common Employer Defense of Workers’ Comp Preemption