Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center for Labor and Employment Law, New York University School of Law. Ill. High Court Holds State Privacy Act Claims Are Preempted in Union-Represented Firms
In Walton v. Roosevelt University, 2023 IL 128338 (Mar. 23, 2023), the Illinois Supreme Court has ruled that the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 (Privacy Act) protections do not apply to union-represented workers because claims under the Privacy Act may require interpretation of their collective bargaining agreement with their employer and are preempted by Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. Section 185.
April 12, 2023 at 12:23 PM
4 minute read
In Walton v. Roosevelt University, 2023 IL 128338 (Mar. 23, 2023), the Illinois Supreme Court has ruled that the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 (Privacy Act) protections do not apply to union-represented workers because claims under the Privacy Act may require interpretation of their collective bargaining agreement with their employer and are preempted by Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. Section 185. The decision, which relies heavily on two Seventh Circuit decisions, see Fernandez v. Kerry, 14 F.4th 644 (2021); Miller v. Southwest Airlines, 926 F.3d 898 (2019), may auger increasing judicial receptivity to broad reading of federal labor law preemption of state worker protection laws.
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