AudioEye claims (language directly from their website) to: Reduce your risk of a digital accessibility lawsuit; Excel Download. According to the complaint, Brown and the class of employees working for WeatherTech are required to have their fingerprints scanned by a biometric timekeeping device. If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of January 18, 2021. PLEASE READ THE NOTICE CAREFULLY. They also accuse employers of failing to provide written notice to employees explaining how the fingerprints would be stored, used, shared and ultimately destroyed. Uncashed checks will be donated to a not-for-profit entity agreed to by the Parties and approved by the Court, or such other organization as the Court may order consistent with the Illinois statutory requirements for cy pres recipients. If you do nothing, you will receive no money from the Settlement Fund, and you will be bound by all orders and judgments of the Court. A state court authorized notice of a proposed class action settlement. If you are a member of the Settlement Class, unless you exclude yourself from this Settlement, you will give up your right to file or continue a lawsuit against ADP or certain related entities and individuals (but not your employer that used the ADP-branded timeclock) relating to ADP’s alleged collection and possession of the biometric data of individuals who have scanned their finger or hand on ADP-branded finger-scan or hand-scan timeclocks. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. 2017-CH-12364, currently pending in the Circuit Court of Cook County, Illinois, Chancery Division. This is the only way to receive a payment. If the Court approves the Settlement, members of the Class who submit valid claims will receive an equal, or pro rata, share of a $25,000,000 Settlement Fund that ADP has agreed to establish. If you’re eligible, you can file a claim to receive a cash payment. ADP faces ERISA lawsuit over fiduciary breaches Skip to … The case is Kusinski, et al. In addition to the documents available on the case website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. This is not a solicitation from a lawyer and is not notice of a lawsuit against you. Each individual who submits a valid claim will receive a portion of this fund, after all notice and administration costs, the incentive awards, and attorneys’ fees—if approved by the Court—have been paid. Pursuant to this Settlement, ADP agrees that (a) on or before the Effective Date, it shall verify that ADP has made available on its website ADP’s written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information; and (b) ADP shall comply with its written retention schedule and guidelines. PDF Download. Giving up your legal claims is called a “release.” The precise terms of the release are in the Settlement Agreement, which is available on the "Case Documents" page of this website. What’s worse is that some cases allege th… Second ADP ERISA MEP Lawsuit Includes a Dozen Counts. No. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection. Mariano’s accused of violating stringent privacy law . All checks will expire and become void 90 days after they are issued. The lawsuit also named ADP LLC as a defendant. ceindeg. The Notice is only a summary of the proposed Settlement of this lawsuit. Employers that use fingerprint scanners to clock their employees in and out of work have been hit with a wave of class-action lawsuits in recent months under an Illinois privacy statute that covers such so-called biometric technology. ADP is facing a class action lawsuit over its TotalSource MEP, brought by a plaintiff with a recent history of 401(k) litigation. In no event will ADP be responsible for any such damage, injury, alteration or loss. You can also get a paper Claim Form by calling (866) 757-7940. 2017-CH-12364(Circuit Court of Cook County, Illinois). The suits claim that some companies are not following these rules and exposing their workers “to serious and irreversible privacy risks” that the law was designed to avoid. You may exclude yourself from the Settlement. If you want to be represented by your own lawyer instead, you may hire one at your own expense. By using the ADP Marketplace, employers can create their own HR ecosystems using solutions from ADP and leading third-party partners. The Court has not decided who is right or wrong. If a lawsuit alleging ADP should be held responsible for errors in employee pay is upheld by the California Supreme Court, it could “turn the payroll industry upside down”, a lawyer has warned. YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU SCANNED YOUR FINGER OR HAND ON AN ADP … Feb 8, 2021, By Dan Churney | Please do not call the Court or the Clerk of the Court for additional information. Please be patient. ADP installed an accessibility overlay. Adpbipasettlement.com … The Stephan Zouras firm is also among those suing Kronos. From Hooters to Hyatt Hotels, employers tantalized by the promise of a futuristic, streamlined way to track workers’ attendance are starting to use time clock machines that fingerprint employees. The Court has preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given the notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. Prospective Relief. To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims in the case against Defendant and its affiliated entities and individuals. Instead, during the enrollment process, the timeclock attachment scans the employee’s fingerprint, and stores and uses an encrypted mathematical representation of that fingerprint. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Kusinski v. ADP, LLC, 2017-CH-12364 (Cir. ADP's 91% retention rate could drop of national sentiment shifts on its brand. The Court will hold the Final Approval Hearing at 10:30AM on February 10, 2021 before the Honorable David B. Atkins via Zoom (Meeting ID: 925 5932 0340; Password: 209408). ADP’s biometric timeclock attachments do not collect, store, or use an actual fingerprint. Word Download. Jan. 5, 2021, 8:13 PM. Please be patient. Note: The date and time of the fairness hearing are subject to change by Court Order, and the hearing may be conducted remotely. The hearing to consider the fairness of the Settlement is scheduled for February 10, 2021. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law. ); (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) include the name of the employer where you scanned your finger or hand on the ADP-branded timeclock, (e) be signed by the person(s) seeking exclusion; and (f) be postmarked or received by the Settlement Administrator on or before the Objection/Exclusion Deadline. This lawsuit alleges that ADP violated BIPA by allegedly collecting individuals’ biometric data when they used ADP finger-scan or hand-scan timeclocks in the State of Illinois, without first providing written notice or obtaining a written release. Cash Payments. v. ADP, LLC, Case No. ADP Time & Attendance | Hours 8:30AM to 8:00PM EST | Monday - Friday | 855-535-1283, Option 2 This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice or other professional services. ADP’s biometric timeclocks or biometric timeclock attachments do not collect, store, or use actual fingerprints. The amount of such payment is estimated to be approximately $250 but is unknown at this time and could be more or less depending on the number of valid Claim Forms submitted. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the Final Approval of the Settlement. Instead, during the enrollment process, the timeclock attachment scans the employee’s fingertip, and stores and uses an encrypted mathematical representation of that fingertip. It would usually take several tries, and then they'd usually just have to manually accept it, because it just wouldn't recognize my print. Biometric privacy lawsuits could be on the rise soon among employers. All checks issued to Settlement Class Members will expire and become void 90 days after they are issued. The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from collecting, capturing, purchasing, receiving through trade or otherwise obtaining a person’s identifiers and/or information without first providing that person with written notice and obtaining a written release. You are a member of the Settlement Class if you scanned your finger or hand on an ADP-branded finger- scan or hand-scan timeclock in Illinois between June 5, 2013 and November 06, 2020. A Settlement has been reached in a class action lawsuit between ADP, LLC (“Defendant” or “ADP”) and certain individuals who scanned their finger or hand on ADP-branded finger-scan or hand-scan timeclocks. A suit was also filed against California-based biometric system vendor NovaTime … Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. Among the hundreds of lawsuits against employers in the state, the Record reports dozens also name the companies supplying biometric punch clocks and software. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. McCaffree Financial Corp., a participating employer in the ADP TotalSource Retirement Savings Plan, has filed an excessive fee lawsuit on behalf of the plan and a class of similarly situated participating employers against ADP, ADP TotalSource Group, the plan’s administrative committee and its members, and NFP Retirement, the plan’s investment adviser. The Claim Form requires you to provide the following information: (i) full name, (ii) current U.S. Mail address, (iii) current contact telephone number and email address, (iv) a statement that you scanned your finger or hand on an ADP-branded finger-scan or hand-scan timeclock at your place of employment in the state of Illinois between June 5, 2013 and November 06, 2020, and (v) the name of the employer where you scanned your finger or hand on the finger- or hand-scan ADP branded timeclock and approximate time period you worked there. Write to the Court explaining why you don't like the Settlement. You are included in the Settlement if you scanned your finger or hand on an ADP-branded finger-scan or hand-scan timeclock in the State of Illinois between June 5, 2013 and November 6, 2020. This is not a solicitation from a lawyer and is not notice of a lawsuit against you. ADP has also agreed to notify its Illinois clients using ADP’s finger-scan or hand-scan timeclocks of their obligation to (a) notify the subjects of collection in writing that biometric identifiers or biometric information are being collected, stored, and/or used by the employer and/or ADP, (b) notify the subjects of collection in writing of the purposes and length of term that biometric identifiers or biometric information is being collected, stored and/or used, and (c) obtain a written release to the collection, storage and/or use. If you have any questions, you can also call the Settlement Administrator at (866) 757-7940 or Class Counsel at the number or email addresses set forth above. A worker sued her former employer’s payroll provider asserting claims for failure to pay wages in a timely manner and provide accurate wage statements. Rather, to avoid the time, expense, and uncertainty of litigation, the Parties have agreed to settle the lawsuit. The Court in charge of this case still has to decide whether to approve the Settlement. Opens in new window. Consumers may be able to claim a $250 class action rebate in a settlement over claims some ADP timeclocks collect hand- or fingerprint scans in violation of Illinois law. Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and incentive awards on January 04, 2021. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. By using the ADP Marketplace, employers can create their own HR ecosystems using solutions from ADP and leading third-party partners. All exclusion requests must (a) be in writing; (b) identify the case name Kusinski v. ADP LLC, 2017-CH-12364 (Cir. You may obtain a copy of the Claim Form on the "Case Documents" page of this website, and you may submit your Claim Form online on this website, or by U.S. Mail to the Settlement Administrator at: Kusinski v. ADP LLC Settlement Administrator. ADP’s biometric timeclock attachments do not collect, store, or use fingerprints. While AudioEye is not named in the litigation, you can tell that’s what ADP used because ADP says so in their accessibility statement. Ct. Cook Cty. Employee fingerprint scans may cost Kroger affiliate $10M in damages. This lawsuit alleges that ADP violated BIPA by allegedly collecting individuals’ biometric data when they used ADP finger-scan or hand-scan timeclocks in the State of Illinois, without first providing written notice or obtaining a written release. Of course, this was before I was diagnosed, so I never put 2+2 together till now! Yes, the Court has appointed lawyers Jay Edelson and J. Eli Wade-Scott of Edelson PC, James B. Zouras and Ryan Stephan of Stephan Zouras, LLP, and Myles McGuire and Evan Meyers of McGuire Law, P.C. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you scanned your finger or hand on an ADP-branded finger-scan or hand-scan timeclock in Illinois during that time- period, you may be a class member and may submit a claim form utilizing the "Submit a Claim" tab above for a cash payment. A damaged HandPunch may incorrectly transmit, alter or lose your data. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representatives. Yes. If you exclude yourself from the Settlement, you cannot file an objection. Filed in New Jersey, the lawsuit says the man was required to arrive at the defendant’s call center early in order to complete pre-shift duties without pay, including booting up his computer and logging into applications. ADP Must Face Lawsuit Over Alleged Failure to Catch Missed Meals. ADP contests these claims and denies that it violated BIPA. Payments are estimated to be $250, but could be more or less, depending on the number of valid Claim Forms submitted. More information about the complaint in the lawsuit and the Defendant’s position can be found in the “Case Documents” section of this website. You must also send a copy of your objection by email to the attorneys for all Parties to the lawsuit, including Class Counsel (Jay Edelson of EDELSON PC, jedelson@edelson.com; James B. Zouras of STEPHAN ZOURAS, LLP, jzouras@stephanzouras.com; and Myles McGuire of MCGUIRE LAW, P.C., mmcguire@mcgpc.com), as well as Defendant’s counsel (David Layden of JENNER & BLOCK, LLP, ) no later than January 18, 2021. to represent you and other Class Members. Any objection to the proposed Settlement must include (a) your full name and current address, (b) a statement why you believe you are a member of the Settlement Class, including the name of the employer where you believe you scanned your finger or hand on an ADP branded finger- or hand-scan timeclock, (c) the specific grounds for your objection, (d) all documents or writings that you wish the Court to consider, (e) the name and contact information of any attorneys representing, advising, or in any way assisting you with the preparation or submission of the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing. Consult experienced counsel for legal advice and review your jurisdictional requirements. A Settlement has been reached in a class action lawsuit between ADP, LLC (“Defendant” or “ADP”) and certain individuals who scanned their finger or hand on ADP-branded finger-scan or hand-scan timeclocks. A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. If you have any questions, you can talk for free to the attorneys who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense. You may appear at the Final Approval Hearing, which will be held on February 10, 2021, at 10:30 AM via Zoom (Meeting ID: 925 5932 0340; Password: 209408) in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. ADP Marketplace is an online app store offering a collection of highly-rated HR solutions ready to easily and securely share data with your ADP platform. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. ADP’s biometric timeclock attachments do not collect, store, or use an actual fingerprint. Under this law – known as the Biometric Information Privacy Act(BIPA) – employers are supposed to take certain precautions before using their employees’ fingerprints. Payments will be provided only after any issues with the Settlement are resolved. The proposed Settlement is not an admission of wrongdoing by ADP, and ADP denies that it violated the law. You may also pay a lawyer to attend, but you don’t have to. Dan Orlando | Aug 01, 2017. They are called “Class Counsel.” You will not be charged for these lawyers. Plaintiff claims WeatherTech used defendant ADP's employee database to monitor the time worked by its hourly employees. If the Court does not enter a Final Approval Order approving the Settlement, or if the Settlement Agreement is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class. Listen . An online Claim Form is available on this website and can be filled out and submitted online. The Court may award less than the amounts requested. Any changes will be posted on this website. If you send an objection, you don’t have to come to Court to talk about it. If the Court approves the Settlement, Settlement Class members whose claims were approved by the Settlement Administrator will be sent a check. Ct. Cook Cty. To submit a Claim Form, or for information on how to request exclusion from the class or file an objection, please review the information on this FAQ page, or call (866) 757-7940. We encourage you to submit a claim online. It’s faster, and it’s free. request to be excluded from the proposed Settlement Class in. This is an equal share of a $25,000,000 fund that ADP has agreed to create, after the payment of settlement expenses, attorneys’ fees, and any incentive awards for the named plaintiffs in the litigation approved by the Court. Ct. Cook Cty. You will receive no payment, but you retain any rights you currently have to sue ADP about the issues in this case. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. ).” You must mail or e-mail your exclusion request no later than January 18, 2021 to: What rights am I giving up in this Settlement? The Settlement has been preliminarily approved by a court in Chicago, Illinois. Please do not call the Judge or the Clerk of the Court about this case. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT. ADP is being sued over its role as the fiduciary of a multiple-employer 401(k) plan by a sponsor that alleges ERISA violations. You can hardly pick up a smartphone these days without reading about — and experiencing — how biometric authentication technology is changing our lives and businesses. By Maya Earls. When and where will the Court decide whether to approve the Settlement. PowerPoint Download You willl receive no payment under the Settlement and give up your rights to sue ADP about the issues in this case. You need to enable JavaScript to run this app. ADP and Kronos have each been named as co-defendants along with their customers, but both have also since been hit with suits individually. More details are in the Settlement Agreement which, along with other documents, can be obtained on the "Case Documents" page of this website. It is not yet resolved whether the timeclock finger and hand scan technology involves the collection, use or storage of “biometric identifiers” or “biometric information,” as those terms are defined in the statute. , 2017-CH-12364 (Cir. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class; and whether it was made in good faith. Class Counsel will ask the Court for attorneys’ fees and expenses of up to 35% of the Settlement Fund and will also request incentive awards of $7,500.00 for each Class Representative from the Settlement Fund. As the ADP lawsuit notes, businesses have a responsibility to provide accessible websites — and in many cases, accessibility improvements can be implemented without significant expense. If you are a Settlement Class member and you want to get settlement benefits, you must complete and submit a valid Claim Form by February 8, 2021. Each request for exclusion must also contain a statement to the effect … They will not be able to give you advice on your options. For information on the attorneys for the class, please see FAQ #16. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and it is the only thing you need to do to receive a payment. The lengthy new complaint stretches over some 150 pages and includes 12 counts that echo those filed last week in a separate lawsuit targeting an ADP multiple employer plan. The Court has already preliminarily approved the Settlement. These lawsuits are largely based on the use of fingerprint-operated time clocks. You may hire your own lawyer, but if you want your own lawyer, you will have to pay that lawyer. Is that even allowed? ADP contests these claims and denies that it violated BIPA. By John Manganaro. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. v. ADP, LLC, Case No. The lawsuits allege that companies are breaking a state law that was enacted specifically to protect the privacy of its citizens. Room 802, Chicago, Illinois 60602. Kusinski, et al. The objection must be received by the Court no later than January 18, 2021. The employee-plaintiffs have alleged their employers used those time clocks to … ).” You must mail or e-mail your exclusion request no later than January 18, 2021 to: No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs. a lawsuit against ADP or certain related entities and individuals (but not your employer that used the ADP-branded timeclock) relating to ADP’s alleged collection and possession of the biometric data of individuals who have scanned their finger or hand on ADP-branded finger-scan or hand-scan timeclocks. Industry Leading HR and Payroll Company, ADP, Sued for Discrimination Against Blind Employees Click here for case documents Image: Close up of a person’s hands using a refreshable braille display to read content from computer monitor in an office setting, via DNB. Excluded from the Settlement Class are: (1) any Judge or Magistrate presiding over this action and members of their families, (2) the defendant, defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which the defendant or its parents have a controlling interest, (3) persons who properly execute and file a timely request for exclusion from the Settlement Class, and (4) the legal representatives, successors or assigns of any such excluded persons. YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU SCANNED YOUR FINGER OR HAND ON AN ADP-BRANDED FINGER-SCAN OR HAND-SCAN TIMECLOCK IN THE STATE OF ILLINOIS BETWEEN JUNE 5, 2013 AND  NOVEMBER 6, 2020. Ask to speak in Court about the fairness of the Settlement. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and incentive awards to the Class Representatives, if approved by the Court. Finger and facial recognition have become so commonplace that you might not think twice before asking your employees to authenticate their time … You’ve been asked to scan your fingerprint every time you clock in and out. The lawsuit alleges that ADP violated an Illinois law called the Illinois Biometric Information Privacy Act (“BIPA”) when it allegedly collected individuals’ biometric data when they used ADP finger-scan and hand-scan timeclocks without complying with the law’s requirements. If you wish to object to the Settlement, you must file a letter or brief in writing with the Clerk of the Court of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street. Last week, McCaffree Financial Corp., a participating employer in the ADP TotalSource Retirement Savings Plan, filed an excessive fee lawsuit on behalf of the multiple employer plan and a class of similarly situated participating employers against ADP. Page 1 ADP HandPunch® LE Quick Installation Guide...; Page 2 HandPunch may result in damage to the HandPunch, your facility or personal injury. Illinois residents who used an ADP timeclock that collected finger- or handprint scans between June 5, 2013, and Nov. 6, 2020, may be able to take part in this class action settlement. To receive a payment, you must submit a Claim Form by February 8, 2021. You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You are, however, welcome to come at your own expense. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the entry of the Final Approval Order, the request for attorneys’ fees and expenses, and/or the request for incentive awards to the Class Representatives are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing.

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