On March 19, 2026, the Illinois Supreme Court issued a landmark decision in Johnson v. Amazon.com Services, LLC fundamentally altering the landscape of wage-and-hour compliance by separating Illinois law from long-standing federal law.

Overview of Johnson v. Amazon.com Services, LLC

The litigation originated during the COVID-19 pandemic when Amazon required its non-exempt employees to undergo mandatory health screenings, including temperature checks and symptom questionnaires, before clocking in. The plaintiff employees allege these screenings averaged between 10 to 15 minutes, were uncompensated, and occasionally required employees to clock in after their scheduled start time.

An Illinois federal court initially dismissed plaintiffs’ claims because the federal Portal-to-Portal Act (“PPA”) excludes “preliminary” activities from pay. On appeal, the U.S. Court of Appeals for the Seventh Circuit (“Seventh Circuit”) concluded that, while the text of the Illinois Minimum Wage Law (“IMWL”) does not incorporate the PPA’s exclusions for preliminary and postliminary activities, federal case law supports Amazon’s argument that those exclusions should apply to the plaintiffs’ IMWL claims.

Because the Seventh Circuit was unsure how the Illinois Supreme Court would interpret the issue, the Seventh Circuit asked the state court to resolve the following question: Is the IMWL subject to the PPA’s exclusions for preliminary and postliminary activities?

The Illinois Supreme Court’s Ruling and What Comes Next

The Illinois Supreme Court held that the IMWL does not incorporate the PPA’s preliminary or postliminary exclusions. The court emphasized that none of the IMWL’s ten exceptions mention or make reference to the PPA or to preliminary or postliminary activities. The court further noted that the Illinois Department of Labor defines “hours worked” to include all time an employee is required to be on the employer’s premises, which contradicts the applicability of exclusions for preliminary or postliminary activities.

Having received the Illinois Supreme Court’s guidance, the matter will proceed back to the Seventh Circuit to issue a final determination regarding off-the-clock compensability consistent with the Illinois Supreme Court’s ruling.

Immediate Implications for Illinois Employers

The Illinois Supreme Court has essentially widened the window of the "compensable workday" for Illinois employees. This significantly increases the risk of class-action litigation involving "off-the-clock" work, where even small increments of time may aggregate into substantial damages. 

Therefore, Illinois employers must reassess their timekeeping practices to ensure they capture all time employees spend on the premises at the employer’s direction, including time spent for:

· Security & Health Screenings (bag checks, metal detectors, and medical screenings);

· Donning and Doffing (putting on or taking off protective gear or uniforms);

· Preparatory Tech Tasks (logging into computers or loading applications before the official start time); and

· Mandatory Waiting (time spent in line to enter a facility or walking from a security checkpoint to a workstation).

To further minimize risk, employers should also:

· Assess compensability for “non-work” activities;

· Consider relocating timeclocks to the entrance of their facility;

· Audit handbooks, policies, and procedures to remove any language suggesting that pre-shift or post-shift activities are unpaid;

· Implement “attestation” prompts for employees to digitally confirm they have been paid for all preparatory time before clocking out;

· Monitor litigation risk; and

· Consult with their attorneys to ensure compliance with the IMWL.