7th Circ. Hints Labor Law May Preempt BIPA Claims

By Lauraann Wood (September 14, 2021, 10:04 PM EDT) -- The Seventh Circuit suggested during oral argument Tuesday that a lower court rightly applied a Railway Labor Act preemption ruling to find a group of union-represented employees' biometric privacy claims similarly blocked under the Labor Management Relations Act.

During oral arguments, a three-judge panel seemed unconvinced by Kerry Inc. employees' argument that both factual and legal differences in their suit should have prevented a district court from applying the railway labor ruling, Miller v. Southwest Airlines, to find that the LMRA preempts their claim Kerry implemented biometric timekeeping practices that violated their Illinois biometric privacy rights.

In Miller, the Seventh Circuit...

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