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On March 19, 2026, the Illinois Supreme Court issued a landmark decision that fundamentally reshapes wage and hour law for Illinois employers. In Johnson v. Amazon.com Services LLC, the Court ruled that the Illinois Minimum Wage Law (IMWL) does not automatically incorporate the federal Portal-to-Portal Act’s exclusions for “preliminary” and “postliminary” activities. As a result, employer-required activities performed before or after a scheduled shift may now be eligible for compensation under Illinois law, even if such activities do not qualify for compensation under federal regulations.
The decision materially increases wage and hour liability exposure for Illinois employers and sends a clear message: federal compliance alone is no longer sufficient in Illinois.
Case Summary
The dispute began when Amazon warehouse employees sued for unpaid wages related to mandatory pre-shift COVID-19 screenings that took 10 to 15 minutes each day. The employees alleged violations of both the federal Fair Labor Standards Act (FLSA) and the IMWL.
The federal district court dismissed the class action complaint, determining that the Portal-to-Portal Act (PPA) precluded the FLSA claims. The PPA excludes compensation for “preliminary or postliminary activities” unless such activities are deemed “integral and indispensable” to employees’ principal work activities. Since the employees’ main duties were moving and stacking packages, the district court found...
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