United States Seventh Circuit

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

Judges

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

Court

• United States Seventh Circuit

Counsel

• 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.