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BIPA & Wage-and-Hour Litigation: New Exposure and Defense Strategies for Employers

Employers face escalating exposure from biometric privacy claims and wage-and-hour class actions alike. Learn how to strengthen BIPA consent practices, defend class certification, correct misclassification and timekeeping gaps, and build compliance programs that hold up in litigation.

2026-10-20 12:00:00

Program Details

2026-10-20 12:00:00

2026-10-20 12:00:00

2h CLE Credits

2026-10-20 12:00:00

Program Details

2026-10-20 12:00:00

Program Details

2026-10-20 12:00:00

Over 1,000+ webinars

2026-10-20 12:00:00

Course Overview

Biometric Data and the Time Clock Are Now Equal Litigation Targets

2026-10-20 12:00:00

Illinois courts keep expanding what counts as a BIPA violation. Plaintiffs’ firms have paired that momentum with a fresh wave of wage-and-hour class and collective actions. Employers using biometric technology in the workplace now face two litigation fronts at once.

Deploy biometric technology without documented consent and notice, and a BIPA class action can follow. Misclassify a role as exempt, and an FLSA collective action can follow. Leave off-the-clock work and timekeeping practices unreviewed, and wage-and-hour exposure compounds across the workforce.

Attendees leave with practical frameworks for reviewing biometric practices, challenging class and collective certification, and auditing wage-and-hour compliance before disputes reach a courtroom. The takeaways translate directly into checklists, audit questions, and drafting language counsel can use right away.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Biometric Privacy Exposure
Recognize how BIPA claims arise from workplace biometric technology and recent Illinois court developments.
02
Consent & Notice Compliance
Build consent, notice, and authorization procedures that meet BIPA’s requirements before litigation starts.
03
Class Certification Defense
Challenge class and collective certification and evaluate damages exposure across biometric and wage-and-hour claims.
04
Defending Class Litigation
Apply defense strategies developed for BIPA class actions to large-scale employment litigation as well.
05
Wage-and-Hour Liability
Address FLSA collective actions, exempt/non-exempt misclassification, and off-the-clock timekeeping disputes.
06
Compliance & Risk Management
Strengthen biometric privacy and wage-and-hour compliance programs to reduce audit and litigation risk.

Program schedule

clock 12:00 pm - 1:00 pm EST

BIPA & Biometric Privacy Litigation: Emerging Exposure and Defense

This session examines the evolving landscape of Illinois biometric privacy litigation and the expanding risks employers face when using biometric technology in the workplace. Attorneys will address BIPA liability, employee consent and notice requirements, class certification, damages exposure, and strategies for defending biometric privacy claims. The session will also provide practical guidance for reviewing workplace biometric practices and strengthening compliance programs before disputes arise.

Tyler ZmickTyler Zmick
Hayley RyanHayley Ryan
clock 1:10 pm - 2:10 pm EST

Wage-and-Hour & Employment Class Actions: New Risks and Defense

This session focuses on the wage-and-hour risks facing employers in FLSA collective actions and state wage-and-hour class actions. Attorneys will examine employee misclassification, off-the-clock work, timekeeping practices, and strategies for challenging class and collective treatment. The discussion will also address practical approaches to defending large-scale employment litigation, conducting compliance reviews, and identifying potential exposure before claims escalate.

Tyler ZmickTyler Zmick
Hayley RyanHayley Ryan
Tyler Zmick

Tyler Zmick

Duane Morris LLP

Hayley Ryan

Hayley Ryan

Duane Morris LLP

Tyler Zmick

Tyler Zmick

Duane Morris LLP

Tyler Zmick is special counsel in the Chicago office of Duane Morris LLP, where a substantial part of his practice focuses on defending employers in Illinois Biometric Information Privacy Act (BIPA) class actions. He counsels clients on the fast-changing landscape of biometric and information-privacy statutes and is a member of the firm’s Class Action Defense Team.

Education & Credentials

Mr. Zmick earned his J.D., magna cum laude, from the University of Illinois College of Law in 2016, where he served as articles editor of the University of Illinois Law Review, and holds a B.A. from the University of Wisconsin–Madison (2008). He is admitted to practice in Illinois, and before the U.S. District Courts for the Northern, Central, and Southern Districts of Illinois and the U.S. District Court for the Eastern District of Michigan.

Recognition & Leadership

Mr. Zmick has been named to Best Lawyers: Ones to Watch for 2026 and 2027, and to the Super Lawyers Illinois Rising Stars list for 2024 and 2025.

Professional Involvement

He is a member of the Chicago Bar Association and the Illinois State Bar Association, and has spoken on BIPA and privacy litigation developments at Duane Morris programs in Chicago and New York in 2023.

Experience

Mr. Zmick's practice centers on defending employers in complex privacy and consumer class actions, including BIPA litigation arising from workplace use of biometric technology such as timekeeping and access-control systems. He counsels clients on consent, notice, and disclosure obligations before disputes arise, and defends putative class actions through certification and damages phases. He also represents employers in wage-and-hour and employment-discrimination matters, and in individual and class claims under Title VII and the Fair Labor Standards Act, across industries including health care, retail and e-commerce, telecommunications, food processing, finance, and transportation. Before joining Duane Morris LLP in 2022, Mr. Zmick was an associate at Seyfarth Shaw LLP and, before that, at Morgan, Lewis & Bockius LLP.
Hayley Ryan

Hayley Ryan

Duane Morris LLP

Hayley H. Ryan is a senior associate in the Chicago office of Duane Morris LLP, practicing in the firm’s Employment, Labor, Benefits and Immigration group and serving as a member of its Class Action Defense Team. She defends class actions for clients across a range of industries, including matters brought under state and federal privacy, consumer-protection, and data-breach statutes.

Education & Credentials

Ms. Ryan holds a Regulatory and Antitrust Law Certificate from Cornell Law School (2023), a J.D. from Loyola University Chicago School of Law (2016), and a B.A. from DePauw University (2013). She is admitted to practice in Florida, Illinois, New York, and the District of Columbia, and holds the Certified Information Privacy Professional/United States (CIPP/US) credential from the International Association of Privacy Professionals.

Recognition & Leadership

Ms. Ryan is a frequent author on class action and privacy-litigation developments, including a co-authored article on Illinois BIPA compliance published in the Dow Jones Risk Journal in 2026, and numerous co-authored alerts for the firm's Class Action Defense Blog addressing biometric-privacy, wiretap, and data-privacy class action decisions from federal and state courts. She also contributed to the Duane Morris Class Action Review 2026.

Professional Involvement

Ms. Ryan is committed to pro bono service, including representing a former prisoner in civil rights litigation against a correctional healthcare provider over inadequate medical care under the Eighth and Fourteenth Amendments.

Experience

Ms. Ryan practices in the firm's Employment, Labor, Benefits and Immigration group alongside a class action defense practice covering data privacy, consumer protection, product liability, and other commercial and tort-based claims. She has substantial experience defending class actions under state and federal privacy statutes, including the Illinois Biometric Information Privacy Act, the Illinois Genetic Information Privacy Act, and the California Invasion of Privacy Act, among other consumer-protection and data-breach statutes, and she advises clients on privacy and risk-management issues arising from the use of AI tools and systems. She has also served as second- and third-chair trial counsel in civil jury trials involving catastrophic-injury claims and has first-chaired class action mediations. Before joining Duane Morris LLP in 2025, Ms. Ryan was an associate at Cozen O'Connor, Zelle LLP, Foreman Friedman P.C., Sanchez Daniels & Hoffman LLP, and Patton & Ryan LLC.
Tyler Zmick

Tyler Zmick

Duane Morris LLP

Tyler Zmick is special counsel in the Chicago office of Duane Morris LLP, where a substantial part of his practice focuses on defending employers in Illinois Biometric Information Privacy Act (BIPA) class actions. He counsels clients on the fast-changing landscape of biometric and information-privacy statutes and is a member of the firm’s Class Action Defense Team.

Education & Credentials

Mr. Zmick earned his J.D., magna cum laude, from the University of Illinois College of Law in 2016, where he served as articles editor of the University of Illinois Law Review, and holds a B.A. from the University of Wisconsin–Madison (2008). He is admitted to practice in Illinois, and before the U.S. District Courts for the Northern, Central, and Southern Districts of Illinois and the U.S. District Court for the Eastern District of Michigan.

Recognition & Leadership

Mr. Zmick has been named to Best Lawyers: Ones to Watch for 2026 and 2027, and to the Super Lawyers Illinois Rising Stars list for 2024 and 2025.

Professional Involvement

He is a member of the Chicago Bar Association and the Illinois State Bar Association, and has spoken on BIPA and privacy litigation developments at Duane Morris programs in Chicago and New York in 2023.

Experience

Mr. Zmick's practice centers on defending employers in complex privacy and consumer class actions, including BIPA litigation arising from workplace use of biometric technology such as timekeeping and access-control systems. He counsels clients on consent, notice, and disclosure obligations before disputes arise, and defends putative class actions through certification and damages phases. He also represents employers in wage-and-hour and employment-discrimination matters, and in individual and class claims under Title VII and the Fair Labor Standards Act, across industries including health care, retail and e-commerce, telecommunications, food processing, finance, and transportation. Before joining Duane Morris LLP in 2022, Mr. Zmick was an associate at Seyfarth Shaw LLP and, before that, at Morgan, Lewis & Bockius LLP.
Hayley Ryan

Hayley Ryan

Duane Morris LLP

Hayley H. Ryan is a senior associate in the Chicago office of Duane Morris LLP, practicing in the firm’s Employment, Labor, Benefits and Immigration group and serving as a member of its Class Action Defense Team. She defends class actions for clients across a range of industries, including matters brought under state and federal privacy, consumer-protection, and data-breach statutes.

Education & Credentials

Ms. Ryan holds a Regulatory and Antitrust Law Certificate from Cornell Law School (2023), a J.D. from Loyola University Chicago School of Law (2016), and a B.A. from DePauw University (2013). She is admitted to practice in Florida, Illinois, New York, and the District of Columbia, and holds the Certified Information Privacy Professional/United States (CIPP/US) credential from the International Association of Privacy Professionals.

Recognition & Leadership

Ms. Ryan is a frequent author on class action and privacy-litigation developments, including a co-authored article on Illinois BIPA compliance published in the Dow Jones Risk Journal in 2026, and numerous co-authored alerts for the firm's Class Action Defense Blog addressing biometric-privacy, wiretap, and data-privacy class action decisions from federal and state courts. She also contributed to the Duane Morris Class Action Review 2026.

Professional Involvement

Ms. Ryan is committed to pro bono service, including representing a former prisoner in civil rights litigation against a correctional healthcare provider over inadequate medical care under the Eighth and Fourteenth Amendments.

Experience

Ms. Ryan practices in the firm's Employment, Labor, Benefits and Immigration group alongside a class action defense practice covering data privacy, consumer protection, product liability, and other commercial and tort-based claims. She has substantial experience defending class actions under state and federal privacy statutes, including the Illinois Biometric Information Privacy Act, the Illinois Genetic Information Privacy Act, and the California Invasion of Privacy Act, among other consumer-protection and data-breach statutes, and she advises clients on privacy and risk-management issues arising from the use of AI tools and systems. She has also served as second- and third-chair trial counsel in civil jury trials involving catastrophic-injury claims and has first-chaired class action mediations. Before joining Duane Morris LLP in 2025, Ms. Ryan was an associate at Cozen O'Connor, Zelle LLP, Foreman Friedman P.C., Sanchez Daniels & Hoffman LLP, and Patton & Ryan LLC.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs