On March 19, 2026, the Illinois Supreme Court clarified that the Illinois Minimum Wage Law (“IMWL”) does not incorporate the Fair Labor Standards Act’s (“FLSA”) exclusions for pre- and post-shift work. The Court’s ruling in Johnson v. Amazon.com Services, LLC, 2026 IL 132016, will significantly expand the compensability of pre-shift work under Illinois law, even if such work would otherwise not be compensable under the FLSA. This distinction significantly increases the importance of state-specific wage compliance for Illinois employers.
This class action lawsuit was filed by Amazon warehouse employees who were required to undergo mandatory COVID-19 health screenings before clocking in for their scheduled shifts. These pre-shift screenings included temperature checks and symptom questionnaires, which allegedly lasted approximately 10 to 15 minutes per day. The employees were not paid for this time, even though they were required to be on-site and could not clock in until completing the screening process. Plaintiffs filed a class action asserting unpaid wage claims under the FLSA and the IMWL.
Initially filed in the Circuit Court of Cook County, Illinois, Amazon removed the case to federal court under the Class Action Fairness Act. The district court dismissed the claims, concluding that the FLSA’s Portal-to-Portal Act amendments barred compensation for the screening time, because such time was considered “preliminary activity not integral to the employees’ principal job duties.” The district court also dismissed the plaintiffs’ IMWL claim, reasoning that their state law claims rose and fell with the federal claim.
On appeal, the Seventh Circuit Court of Appeals certified for instruction to the Illinois Supreme Court the following question: Does the IMWL incorporate the Portal-to-Portal Act’s exclusion for preliminary and postliminary work? The Illinois Supreme Court answered that question in the negative.
The Court held that the IMWL does not adopt the Portal-to-Portal Act’s exclusions and therefore does not automatically exclude pre-shift and post-shift activities from compensable time under Illinois law. Instead, Illinois law relies on its own statutory framework and Department of Labor regulations defining “hours worked.”
The Court’s analysis focused on statutory text and regulatory structure. First, the IMWL contains no language incorporating the Portal-to-Portal Act or its exclusions. While the statute incorporates certain provisions of the FLSA, it does not include the Portal-to-Portal Act’s limitations on compensable time. Second, the Illinois Department of Labor regulations define “hours worked” broadly to include all time an employee is required to be on duty, on the employer’s premises, or otherwise required to work. That definition does not contain a carve-out for preliminary or postliminary activities. The Court emphasized that it cannot read exceptions into a statute that the legislature did not include. In its ruling, the Court confirmed that this federal framework does not control under the IMWL. Instead, the focus under Illinois law is whether the employee was required to be on-site or perform required work, unlike whether the task is considered a “principal activity” under the Portal-to-Portal Act.
Practical Impact for Employers
The decision increases wage-and-hour exposure for employers operating in Illinois.
Pre-shift and post-shift activities that may now require closer review include:
- Mandatory security screening or entry procedures
- Required donning or removal of uniforms or protective equipment
- Computer login and system startup/shutdown tasks
- Equipment retrieval or return requirements
- Pre-shift or post-shift inspections or compliance checks
Even short amounts of unpaid time can create significant liability when applied across a workforce.
What Employers Should Do
Employers should review their wage-and-hour practices to comply with Illinois law, rather than relying solely on federal standards.
Key steps include:
- Identifying required pre-shift and post-shift tasks
- Evaluating whether employees are compensated for all required on-site time
- Adjusting timekeeping systems where necessary
- Reassessing operational practices that require unpaid pre-shift activity
Please reach out to any of Dykema’s Labor and Employment attorneys to discuss the impact of the Johnson decision on your business.