Five Guys collects employee biometric data via time clocks without consent, faces class action

Summary

A class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois in 2022 against Five Guys Operations LLC by Jeremiah M. Greenwood, a former shift manager. Greenwood alleges that Five Guys violated the Illinois Biometric Information Privacy Act (BIPA) by using fingerprint scanner time clocks to collect employees' biometric data without obtaining written consent or providing notice. The lawsuit claims the company also failed to disclose how the data would be stored and when it would be destroyed. The plaintiff seeks a jury trial, injunctive relief, and liquidated damages for himself and other affected employees. A similar lawsuit was previously filed against Snap Inc. over biometric data collection.