On March 19, 2026, the Illinois Supreme Court held in Johnson v. Amazon.com Services, LLC that section 4a of the Illinois Minimum Wage Law (IMWL) does not incorporate the federal Portal-to-Portal Act (PPA) exclusion for “preliminary” and “postliminary” activities. The case arose from claims by Amazon warehouse employees who alleged they were not paid for
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On March 19, 2026, the Illinois Supreme Court held in Johnson v. Amazon.com Services, LLC that section 4a of the Illinois Minimum Wage Law (IMWL) does not incorporate the federal Portal-to-Portal Act (PPA) exclusion for “preliminary” and “postliminary” activities.
The case arose from claims by Amazon warehouse employees who alleged they were not paid for mandatory pre-shift COVID-19 screenings that typically took 10 to 15 minutes before they could clock in, and the Seventh Circuit certified the Illinois-law question to the state supreme court after a federal dismissal.
This update applies to Illinois employers with hourly or other employees who perform required pre- or post-shift tasks, as federal compliance alone is no longer enough to determine compensable time under Illinois law.
What Employers Need to Do
- Audit Illinois timekeeping and pay practices immediately to identify any required off-the-clock pre- or post-shift tasks, including screenings, security checks, donning or doffing required gear, system log-ins, troubleshooting, software updates, equipment inspections, and tool retrieval or return.
- Reevaluate whether pre- and post-shift activities occurring on company premises or under employer control should be treated as compensable work time under the IMWL, even if they would likely be excluded under federal law.
- Review clock-in and clock-out rules, facility-entry practices, and any procedures that delay an employee’s ability to begin recording time, because the compensable workday may begin earlier than some employers currently assume.
- Train managers not to require or allow employees in Illinois to perform unpaid work before or after their scheduled shifts without HR or legal review.
- Assess potential backpay exposure across the workforce. Even small amounts of unpaid time can create significant wage-and-hour liability when aggregated over many employees and workweeks.
Overview
- The Illinois Supreme Court ruled that section 4a of the Illinois Minimum Wage Law does not incorporate the Portal‑to‑Portal Act (PPA) exclusion for preliminary and postliminary activities, such as required tasks performed before or after a shift.
- The court emphasized that the text of section 4a provides a general overtime rule and specific exceptions, but none adopt the PPA’s preliminary or postliminary exclusion.
- The court relied on Illinois regulations that broadly define ‘hours worked’ to include all time an employee is required to be on duty, on the employer’s premises, or under employer control.
- Illinois law and regulations do not mirror the federal Portal‑to‑Portal Act framework. As a result, Illinois employers must assess compensable time under Illinois law rather than rely solely on federal law.
- The practical effect is that required pre- and post-shift activities may now be compensable under Illinois law even if they would not qualify as compensable under the Fair Labor Standards Act (FLSA) and PPA.
- Activities that may now present greater Illinois wage-and-hour risk include security screenings, pre-shift health screenings, donning or doffing required gear, system boot-up or log-in time, troubleshooting before work starts, software updates, safety or equipment inspections, and retrieving or returning tools or equipment.
Why This Matters
This decision creates a meaningful split between Illinois wage law and federal wage law for pre- and post-shift tasks, meaning employers can no longer assume that a federal PPA defense will resolve state-law claims.
For Illinois employers, the ruling increases the likelihood that employer-mandated activities occurring before or after a scheduled shift will support state-law wage claims if employees are required to be on the premises or under the employer’s control.
The result is a higher risk of unexpected backpay exposure and overtime disputes, particularly in large hourly workforces where short amounts of unpaid time can accumulate quickly.
Key Risks for Employers
- Relying on federal law alone to determine compensability for Illinois pre- and post-shift activities.
- Failing to pay for required time on the employer’s premises before or after a shift, especially where employees must complete screenings, checks, log-ins, or similar tasks before clocking in or after clocking out.
- Maintaining timekeeping systems or workplace procedures that delay time capture until after required preliminary tasks have already begun.
- Underestimating aggregate liability where small daily increments of unpaid time affect many workers over extended periods.
Additional Information
The Illinois Supreme Court acknowledged that Illinois courts may look to the Fair Labor Standards Act for guidance when state and federal provisions are parallel but clarified that the Illinois Minimum Wage Law and Illinois regulations are not parallel to the Portal‑to‑Portal Act on this issue.
As a result, employers evaluating Illinois compensable-time questions should focus first on the IMWL and the Illinois Department of Labor’s broad “hours worked” definition, rather than starting from federal preliminary and postliminary exclusions.
Source References
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