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.
- 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.