In a major win for Illinois workers, the Illinois Supreme Court ruled that employees may be entitled to pay for required pre-shift and post-shift activities—even when federal law would not require compensation. The landmark ruling strengthens employee rights to compensation for required workplace activities.

In Johnson v. Amazon.com Services, LLC, the court addressed whether the Illinois Minimum Wage Law adopts a major limitation from federal law that excludes certain “preliminary” and “postliminary” activities from paid time. The court answered no.

In Johnson, Amazon argued that time employees spent undergoing mandatory COVID-19 health screenings before clocking in was not compensable under the federal Portal-to-Portal Act (PPA), which excludes certain pre-shift activities from pay. The Illinois Supreme Court rejected that argument under state law. It held that the Illinois Minimum Wage Law does not incorporate the PPA’s exclusions, meaning Illinois workers may be entitled to compensation for time spent on required pre-shift activities. In its decision, the Court opined Illinois regulators define “hours worked” broadly to include all time an employee is required to be on the employer’s premises. The Court further noted that the Illinois statute contains specific exceptions, but does not include the federal PPA exclusion.

The decision also reinforces an important principle: Illinois courts will not automatically follow federal wage law where the state statute provides stronger protections. For workers, that means employers cannot rely on federal loopholes to avoid paying for required work-related time. If you are required to be on-site and under your employer’s control, that time may be compensable under Illinois law—even if federal law says otherwise.

By Alexis D. Martin, Caffarelli & Martin Ltd.