Illinois Supreme Court Ruling on Preliminary and Postliminary Work Brings Potential Liability for Employers
A recent Illinois Supreme Court decision upends years of federal case law holding that certain preliminary and postliminary activities are not compensable under the Illinois Minimum Wage Law, leading to potential unexpected backpay liability to employers throughout the state.
In a decision issued March 19, 2026, the Illinois Supreme Court ruled that—unlike federal law—there is no exception for preliminary and postliminary work to the wage payment requirements of the Illinois Minimum Wage Law ("IMWL"). Johnson v. Amazon.com Services, LLC, 2026 IL 132016. Based on this decision, Illinois employers may face unexpected backpay claims centered on pre- and post-shift activities not directly tied to the employee's work functions (such as security screens), or even claims that the workday begins for purposes of the IMWL when employees swipe into a secure company facility (as opposed to when they actually start work).
The plaintiffs in Johnson were former hourly employees who worked in Amazon distribution warehouses. In response to COVID-19, they were required to undergo medical screenings that allegedly took 10-15 minutes or longer prior to clocking in to their shift. Plaintiffs filed a class and collective action lawsuit in Illinois Circuit Court alleging they were entitled to be compensated for these screenings pursuant to both the federal Fair Labor Standards Act ("FLSA") (29 U.S.C. § 207(a)(1)) and the IMWL because they were required to be on the premises, the screenings were necessary to their work, and the screenings were primarily undertaken for the benefit of Amazon and its customers.
After the case was removed to federal court, the U.S. District Court granted the defendant's motion to dismiss both the FLSA and IMWL claims; plaintiffs appealed only dismissal under the IMWL. The Seventh Circuit certified the question to the Illinois Supreme Court. In its decision, the Illinois Supreme Court noted that while the IMWL lists 10 exceptions to the overtime pay requirements of the FLSA, none of them adopt the FLSA's exceptions for preliminary or postliminary work.
In addition, regulations promulgated by the Illinois Department of Labor include as "hours worked" all time the employee is required to be on the employer's premises and make no reference to federal law or regulations excluding preliminary or postliminary activities from "hours worked." The Illinois Supreme Court accordingly held that "a plain reading of section 4a of the [IMWL], as well as the regulations promulgated by IDOL per the mandate of section 10 of the [IMWL], reveals that the General Assembly did not signify any intention to incorporate the preliminary and postliminary activities exclusions set forth in [federal law]."
This decision, which the Illinois Supreme Court acknowledges to be a departure from prior federal precedent, may require immediate changes to pay and timekeeping practices and could result in significant backpay liability for employers in Illinois. Employers would be advised to assess their compensation practices and look for ways to mitigate risk.
