In a much anticipated decision, the Illinois Supreme Court, in Johnson v. Amazon.com Services, LLC, 2026 IL 132016 (2026), held that the Illinois Minimum Wage Law’s, 820 ILCS 105/1 et seq. (“IMWL”), definition of “hours worked” differs in a significant way from the federal Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), standard, which is likely to result in a tidal wave of new IMWL overtime class actions in the near future. Specifically, the Court held that the Portal-to-Portal Act and its limitations on what is and is not compensable work before and after an employee’s shift does not apply to the IMWL. The IMWL is instead governed by a more employee friendly standard requiring compensation for all time the employee is required to be on the employer’s premises, even if such time does not involve the performance of the employee’s job duties.
Illinois Minimum Wage Law
The Illinois Minimum Wage Law establishes minimum requirements with regard to the payment of wages for hours worked. One such requirement is the section 4(a)(1) requirement to pay an employee an overtime rate (1.5 times the normal hourly rate) for all hours worked in excess of forty (40) hours in a work week. The Illinois Department of Labor (“IDOL”) defines “hours worked” to include “all the time an employee is required to be on duty, or on the employer’s premises, or at other prescribed places of work, and any additional time the employee is required or permitted to work for the employer.” 56 Ill....
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