A recent Illinois Supreme Court decision has contradicted years of federal case law by confirming that, unlike federal law, the Illinois Minimum Wage Law (“IMWL”) does not contain an exception for “preliminary and postliminary” activities—i.e., activities performed before and after employees’ principal duties. As a result, such activities (including security screenings, donning and doffing required equipment, or required pre-shift tasks) may now be considered “hours worked” and compensable depending on the circumstances.

The case, Johnson v. Amazon.com Services, LLC, arose from employment practices during the COVID-19 pandemic. The plaintiffs—former Amazon employees—were required to undergo medical screenings before clocking in for work. Employees who passed the screenings were provided masks and then permitted to clock in. The plaintiffs alleged that this uncompensated pre-shift time averaged approximately 15 minutes per day.

Although the case began in federal district court, the Seventh Circuit Court of Appeals certified the question of how to interpret Illinois law to the Illinois Supreme Court. The central issue was whether the IMWL excludes pre- and post-work activities from compensable time in the same way as the federal Portal-to-Portal Act (“PPA”), which expressly defines such activities as non-compensable.

The Illinois Supreme Court rejected that approach. It found that the plain language of the IMWL does not incorporate the PPA’s exclusions and instead defers to the Illinois Department of Labor (“IDOL”) to define “hours worked.” The IDOL defines “hours worked” broadly as all time an employee is required to be on duty or on the employer’s premises. The Court emphasized that Illinois law establishes its own, more expansive boundaries—meaning that time spent on required activities on the employer’s premises may qualify as compensable work time.

This decision significantly expands potential wage and hour liability for Illinois employers. It makes it easier for employees to claim compensation for time spent on activities such as donning and doffing uniforms or safety gear, undergoing security screenings, booting up or shutting down equipment, or addressing technical issues before beginning primary duties. Put simply, if an employer requires an activity and it occurs on the employer’s premises or under its control, it may now be compensable under Illinois law.

Illinois employers should expect increased litigation on this issue. In California, which follows a similarly broad definition of “hours worked,” there has been substantial litigation over even minimal amounts of uncompensated time.

Employers should not wait for claims. Instead, they should proactively evaluate pay practices, policies, and procedures related to pre- and post-shift activities. Even small increments of time—when aggregated—can create significant exposure.

Stokes Wagner will continue to monitor developments and provide updates as they become available. If you have questions about how this decision may impact your business, please contact a Stokes Wagner attorney.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.