On April 16, 2026, a complaint alleging a putative class and collective action was filed in the U.S. District Court for the Northern District of Illinois, alleging that a property management company violated Illinois’ biometric privacy law through the use of its biometric timekeeping software. The complaint, which begins with the statement that “[t]his is a wage theft and privacy case,” emphasizes the legal risks that may arise when employers deploy biometric timekeeping technology without adequate compliance measures, particularly in Illinois, one of the most employee-protective states for biometric privacy claims.
The Complaint
According to the complaint, hourly workers at TI Communities, including the named plaintiff, Amir Muhammad, recorded their time using a timekeeping system, Worksite. With Worksite, Muhammad alleges, employees were subject to a face scan when clocking in and out. Worksite tracks work hours and collects employee’s face scans and, according to Muhammad, did so without employees’ written consent.
Muhammad claims that the company’s timekeeping and overtime practices violated the Illinois Minimum Wage Law, the Fair Labor Standards Act (FLSA), and the Illinois Biometric Privacy Act (BIPA).
His wage-and-hour claims focus on two theories: off-the-clock work and overtime rate miscalculations. Muhammad alleges that when he clocked in and out of work, the face scan recorded his working hours. However, he goes on to allege that TI Communities regularly called...
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