A class action lawsuit has been brought against UKG alleging that its timekeeping software violated Illinois biometric laws. UKG has agreed to pay more than $3.3 million as part of this lawsuit settlement. UKG is an HR company that delivers timekeeping solutions, benefits tracking, and similar services to employers. Certain UKG timekeeping solutions involve biometric data like fingerprint scans. Despite being a trusted HR solution provider, UKG’s biometric time-keeping products were in direct violation of the Illinois state law and the Biometric Information Privacy Act (BIPA).
The Biometric Information Privacy Act standardizes the way the companies store, collect, share and destroy the biometric data of Illinois residents. The law requires prior consent, clear disclosures, and public policies on destruction schedules and retention. All of these requirements were violated by UKG through its NOVAtime time clock, TouchBase time clock, or TimeBase time clock. UKG failed to meet the disclosure and consent requirements of BIPA although these products relied heavily on biometric data Breaches like facial geometry and fingerprint scans.
UKG had contested the claims by denying that it violated BIPA by collecting or possessing facial biometrics, finger scans, or other information. However, it has agreed on a settlement figure of $3.36 million for resolving these allegations. UKG has agreed to comply with BIPA by publicizing its biometric policies, verifying that previously collected biometrics have been stored and destroyed as per the terms of law, and encouraging its clients towards using UKG technology in a BIPA compliant manner.
The attorneys who brought about the lawsuit will request fees of up to 35% of the Settlement Fund from the court alongside reasonable costs for the time, expense, and effort spent on litigating the case, investing the facts, and negotiating the settlement terms. The Class Representative will also request payment of up to $10000 for the time and effort given.
If Class members decide neither to submit a valid claim form, exclude themselves from, nor object to the settlement then they won’t receive any money but will be bound by all judgments and orders of the Court. In such cases, the Class Members will have to give up their rights to sue UKG Inc. and Released Parties which have been defined in the Settlement Agreement.
Eligibility for Making Claim: The terms of this settlement are expected to benefit individuals who had their pictures taken or fingers scanned using a UltiPro TimeBase time clock, TouchBase time clock, or NOVAtime time clock in Illinois between 3rd March 2015 and 29th December 2021.
Proof of Purchase: No proof of purchase required.
Potential Claim Amount: Class Members are eligible to receive cash payment which will vary according to each claimant’s proportional share of the settlement fund after deducting all notice, administration costs, Class Representative incentive awards, and attorneys’ fees (if approved by the court). According to the settlement website, the payments will vary between $200 and $400 although the actual payments might be more or less depending on the number of valid claims filed. A cheque will be issued by the Settlement Administrator to each Class Member upon submitting a valid Claim Form once the settlement receives approval from the court. The cheques issued to settlement class members will become void on passage of 100 days since the date of issue.
Settlement Website: UKGBIPASettlement.com
Objection Deadline: April 15, 2022
Exclusion Deadline: April 15, 2022
Claim Form: Jackson v. UKG – Submit a Claim Instructions (ukgbipasettlement.com)
Deadline For Submitting Claim: May 6, 2022, claim forms submitted after the deadline will be deemed untimely and shall not be accepted.
Final Hearing Date: May 20, 2022, at 8:45 a.m. however the hearing date and time is subject to being changed by the Court including the possibility of taking place via videoconferencing.
Settlement Amount: $3.36 million