Circuit Court of Cook County, Illinois Case No: 2019-CH-04061
If you used a Workwell-uAttend and/or Citadel finger or facial scanner for employment timekeeping purposes in the state of Illinois between March 28, 2014 and April 8, 2019, you may be entitled to a payment from a class action settlement.
An Illinois State Court authorized this Settlement Website. You are not being sued. This is not a solicitation from a lawyer.
UPDATE AS OF OCTOBER 25, 2022: The Court overseeing this case recently ordered the Settlement Administrator to redistribute the residual funds remaining in the settlement funds due to some class members failing to cash their original settlement checks. If you were sent an original Workwell Settlement Payment, you will be sent a second payment via check in the amount of approximately $75.98. If you were sent an original Employer Settlement Payment, you will be sent a second payment via check in the amount of approximately $162.33. The Settlement Administrator will send the second round of payments on or around November 4, 2022. All checks issued will become void 90 days after issuance. If you have any questions, feel free to contact the Settlement Administrator through this website.
A settlement has been reached in a class action lawsuit about individuals that used Workwell brand, known as uAttend and/or Citadel, finger or facial scanners for employee timekeeping purposes (the "Settlement"). The lawsuit alleges that Workwell violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting employees’ fingerprints or facial scans on time clocks in Illinois without complying with the law’s requirements. Workwell and certain employers covered in this Settlement (the “Participating Employers ”) deny any wrongdoing and maintain that they have not violated any laws. You can check the list of Participating Employers to see if your current or former employer is part of the Settlement. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit and avoid the uncertainties and expenses associated with ongoing litigation.
If the Court approves the Settlement, there are two groups or “classes” of individuals that are included in the Settlement. First, you are included in the Settlement if you used a Workwell finger or facial scanner for employment timekeeping purposes in the State of Illinois between March 28, 2014 and April 8, 2019 (the “Workwell Class”). Second, you are included in the Settlement if your current or former employer where you used the finger or facial scanner during that time joins the Settlement (the “Employer Class”).
If the Court approves the Settlement, members of the Workwell Class who submit valid claims will receive an equal, or pro rata, share of a $900,000 Settlement Fund that Workwell has agreed to establish. Each individual who submits a valid claim will receive a portion of this fund, after all notice and administration costs, the incentive award, and attorneys’ fees—if approved by the Court—have been paid. Payments are estimated to exceed $50. Workwell has also agreed to comply with BIPA in the future.
Furthermore, if the Court approves the Settlement, members of the Employer Class whose current or former employer is a Participating Employer will have a check automatically mailed to them at their last known address for approximately $650. This includes the $50 payment for being a member of the Workwell Class as well as administration costs, the incentive award, and attorneys’ fees. You can request to update your address on the Contact page on this website. All Participating Employers have also agreed to comply with the BIPA in the future.
RIGHTS AND OPTIONS IN THIS SETTLEMENT
Submit the proper form
Workwell Class: If your employer is not part of the Settlement, this is the only way to receive a payment. You must submit a Claim Form either online or by mail before February 15, 2022. Click 'Submit Claim Form,' enter your Class Member ID, and complete and submit the Claim Form.
Employer Class: If your employer is a Participating Employer, there is no need to submit a Claim Form. You will receive payments for both the Employer Class and Workwell Class. Click 'Submit W-9 Form,' enter your Class Member ID, and complete and submit the Form W-9. Submitting a From W-9 now will ensure that you receive your full payment as soon as possible.
Workwell Class: You will receive no payment under
the Settlement and give up your rights to sue Workwell about the issues in
Employer Class: You will receive a payment under
the Settlement and give up your rights to sue Workwell and your Participating
Employer about the issues in this case.
will receive no payment, but you will retain any rights you currently have to
sue Workwell and/or the Participating Employer about the issues in this case.
to the Court explaining why you don’t like the Settlement.
to speak in Court about the fairness of the Settlement.
These rights and options—and the deadlines to exercise them—are explained in the notice.
The Court in charge of this case still has to decide whether to approve the Settlement.
Payments will be provided only after any issues with the Settlement are resolved. Please be patient.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE DEFENDANT, OR YOUR
EMPLOYER WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.
This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
If you want to exclude yourself from the class, you must mail your exclusion request so that it is postmarked or received no later than Tuesday, January 18, 2022. See FAQ #15 for more information.
Tuesday, January 18, 2022
If you want to object to the Settlement, you must file your objection(s) so that it is/they are postmarked or received no later than Tuesday, January 18, 2022. See FAQ #18 for more information.
Final Approval Hearing Date
Tuesday, February 22, 2022
The Court will hold the Final Approval Hearing at 11:00 a.m. on Tuesday, February 22, 2022. See FAQ #20 for more information.
Claim Form Deadline
Tuesday, March 22, 2022
Workwell Class Members must file their Claim Form so that it is received no later than Tuesday, March 22, 2022. See FAQ #8 for more information.
Form W-9 Deadline
Tuesday, March 22, 2022
order for Employer Class Members to receive their full settlement payment as
soon as possible, they must submit a form W-9 so that it is received no later than Tuesday, February 15,
2022. See See FAQ #8 for more information.