Kerry Inc. Defeats Unionized Workers’ Appeal in Biometrics Suit

Sept. 21, 2021, 3:20 PM UTC

A class suit against Kerry Inc. over its policy that allegedly illegally requires employees to clock in and out using their fingerprints was properly thrown out of federal court, the Seventh Circuit ruled.

The workers’ claims under the Illinois Biometric Information Privacy Act are preempted by the Labor Management Relations Act because it requires interpretation of the collective bargaining agreement between the company and the workers’ union, the appeals court said.

The LMRA prevents states from interfering in relations between private employers and unions, which includes not allowing employees of a private employer operating under a CBA to bypass that ...

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