William Walton v. Roosevelt University

Issue

An employee of the University brought a class action claiming the University violated various provisions of BIPA by using a biometric time-clock system to scan his fingerprints without first obtaining his informed written consent and by disclosing his biometric information to a third-party payroll service provider without his consent.  An Illinois Appellate panel held that the Labor Management Relations Act (LMRA) prevents the union employee from usurping the bargained-for dispute resolution requirements in the collective bargaining agreement by first suing the University directly in court. 

November 16, 2022

The Restaurant Law Center and Illinois Restaurant Association filed a brief, arguing that BIPA claims by union employees are preempted by the Labor Management Relations Act.