Labor Law Preemption: Court Dismisses Union Employee’s Wage and Hour Claims

A recent ruling from an Illinois appellate court provides a helpful reminder that all wage and hour claims are not created equal. Claims brought by an employee who is represented by a union are sometimes preempted by federal labor law, which generally requires union employees to first pursue their claims through the grievance and arbitration procedure under the applicable union contract. In this case, the employee skipped that procedure altogether and went straight to court, which the court determined warranted the dismissal of the employee’s lawsuit.