United States Seventh Circuit

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520 S. Michigan Ave. Assocs., Ltd. v. Shannon, 07-3377

Illinois statute purporting to set required break periods for hotel restroom attendants is preempted by the National Labor Relations Act. The statute is not a true minimum labor standard statute of general application because it purports to give specific protections to a narrow group of employees (hotel room attendants working in a single county in Illinois) and therefore its protections are akin to benefits that should be sought through collective bargaining rather than legislation.

Appellate Information

  • Argued 02/19/2008
  • Decided 12/15/2008
  • Published 12/15/2008


  • MANION, Circuit Judge., Before MANION, KANNE, and TINDER, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Peter Andjelkovich, Bradley J. Wartman, Andjelkovich & Associates, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Carl Elitz, Office of the Attorney General, Chicago, IL, for Defendant-Appellee., Paul L. More, Davis, Cowell & Bowe, San Francisco, CA, for Intervenor-Appellee.