The Illinois Supreme Court has ruled that, unlike federal law, the Illinois Minimum Wage Law (“IMWL”) does not contain an exception for “preliminary and postliminary” activities—i.e., activities performed before and after employees’ principal duties, such as donning and doffing required equipment or participating in required medical screenings. Therefore, such activities may be considered to be “hours worked” and may be compensable depending on the circumstances

The case of Johnson v Amazon.com Services, LLC, was based on employment practices during the COVID-19 pandemic. The plaintiffs were former employees of Amazon who were required to go through medical screenings prior to clocking in for work. Employees who passed the screenings were given masks and permitted to clock-in. The plaintiffs alleged that this uncompensated pre-shift time amounted to approximately 15 minutes per day, on average.

Although the matter began in the federal district court, the Seventh Circuit Court of Appeals certified the question of how to interpret Illinois state law to the Illinois Supreme Court. The essential question was whether the IMWL excluded pre- and post-work activities from compensable time similarly to the federal Portal to Portal Act (“PPA”). Under the PPA, those activities are explicitly defined as non-compensable. IMWL delegates the authority to define “hours worked” to the Illinois Department of Labor (“IDOL”). The IDOL defines “hours worked” as “all time an employee is required to be on duty, or on the employer’s premises. In its analysis, the Illinois Supreme Court found that the plain language of the IMWL did not demonstrate any intention by the legislature to incorporate the exclusions set forth in the PPA. As a result, the IDOL’s broad definition of “hours worked” was sufficient to cover pre- and post-work activities

Illinois employers should expect increased litigation on this issue. In California, which follows a similar definition of hours worked, there have been numerous cases involving claims for unpaid wages related to pre- and post-work activities, even for very small amounts of time. If you have employees who have to don a uniform or personal protective equipment that remains at the worksite, this time is more likely to be considered compensable, dependent on the circumstances. Illinois employers are urged to contact legal counsel to ensure that their timekeeping procedures are compliant with this development.

Stokes Wagner will continue to monitor updates and will provide additional updates as they become available. If you have any questions, do not hesitate to contact a Stokes Wagner attorney.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.