Meggie Gentzen, Partner
Haley Spiewak, Associate
The Supreme Court of Illinois recently expanded what qualifies as compensable work time under the Illinois Minimum Wage Law (IMWL). On March 19, 2026, the Court held in Johnson v. Amazon.com Services, LLC that employer-required preliminary and postliminary activities may now be eligible for compensation under the IMWL, even if such activities do not qualify for compensation under the federal Portal-to-Portal Act (PPA).
In response to the COVID-19 pandemic, Amazon required all hourly, nonexempt employees to undergo medical screenings prior to clocking in for their shifts. These screenings took 10 to 15 minutes on average, though sometimes longer. Amazon employees filed a class action lawsuit, alleging Amazon violated federal and Illinois wage laws by failing to pay them for the mandatory screenings. The district court granted Amazon’s dismissal, finding the federal and state claims were barred by the PPA. The plaintiffs appealed to the Seventh Circuit, who certified the question to the Illinois Supreme Court, whether IMWL incorporates the PPA exclusion from compensation for employee activities that are primary and postliminary.
Answering in the negative, the Illinois Supreme Court found contrary to the PPA, the IDOL defines “hours worked” to include all time an employee is required to be on the employer’s premises. Thus, the IMWL does not automatically incorporate the federal PPA exclusions for compensation of employee preliminary or postliminary activities.
As a result, Illinois employers may now have to pay employees for required preliminary and postliminary activities not previously compensable under federal law. Accordingly, employers must review and determine whether there are any pre- and post-activities which may be compensable, including, but not limited to, health and safety screenings, security checks, required on-site waiting time or other employer-mandated activities performed off the clock. This decision will have a substantial impact on Illinois employers. If an activity is required before or after a shift, it may now be compensable under the Illinois Minimum Wage Law.
If you are an Illinois employer with questions as to the impact of this decision, please contact Fox Smith, LLC Employment Team at 314-588-7000, mgetnzen@foxsmithlaw.com, or hspiewak@foxsmithlaw.com.