Is Off-the-Clock Work Compensable After the 2026 Illinois Ruling?

If you are an hourly worker in Illinois who spends time on mandatory activities before clocking in or after clocking out, a landmark ruling just reshaped your rights. On March 19, 2026, the Illinois Supreme Court ruled unanimously in Johnson v. Amazon.com Services, LLC (2026 IL 132016) that the Illinois Minimum Wage Law does not adopt the federal Portal-to-Portal Act’s exclusion for preliminary and postliminary activities. For workers in manufacturing, warehousing, healthcare, and other industries, this decision may mean that unpaid pre-shift and post-shift time now counts as compensable time under Illinois law.

If you believe your employer owes you back wages for off-the-clock work, The Lore Law Firm can help you evaluate your options. Call 866-559-0400 or request a free case evaluation today.

What the 2026 Illinois Supreme Court Ruling Changed for Workers

The Johnson v. Amazon decision directly answered a question no Illinois court had previously resolved. The case reached the Illinois Supreme Court after the Seventh Circuit Court of Appeals certified the question under Illinois Supreme Court Rule 20.

Two former hourly employees who worked in Amazon’s Illinois distribution warehouses filed a class-action complaint alleging that in March 2020, Amazon required all hourly, nonexempt employees to undergo COVID-19 health screenings prior to clocking in. These uncompensated pre-shift procedures took 10 to 15 minutes on average, sometimes longer.

The Court examined whether Illinois incorporated the federal exclusion and found it did not. The Court observed that four of the statute’s ten exceptions incorporate certain provisions of the FLSA or related federal regulations, yet none reference FLSA regulations regarding the exclusion of preliminary or postliminary activities. The Court held that a plain reading of the statute reveals that the Illinois legislature did not incorporate the FLSA’s preliminary and postliminary activities exclusion into the IMWL.

💡 Pro Tip: This ruling resolved a previously unsettled question in Illinois law. Prior federal courts had applied the Portal-to-Portal Act exclusion to IMWL claims, and the Illinois Supreme Court acknowledged the ruling represents a departure from that prior practice. Workers whose claims were previously dismissed on Portal-to-Portal Act grounds may now have grounds to revisit them. If your employer failed to pay you for mandatory pre-shift or post-shift activities in recent years, you may have a claim for back wages that predates the ruling itself.

How Illinois Law Differs from Federal Standards on Pre-Shift and Post-Shift Pay

Under federal law, the Portal-to-Portal Act generally shields employers from paying for preliminary and postliminary activities. These activities often include security screenings, walking from a facility entrance to a time clock, and donning or doffing certain work-related gear.

Illinois now stands apart from that federal framework. The Illinois Supreme Court found that IDOL’s regulatory definition of “hours worked” at 56 Ill. Adm. Code 210.110 encompasses: (1) all time an employee is required to be on duty; (2) all time on the employer’s premises; (3) all time at other prescribed places of work; and (4) any additional time the employee is required or permitted to work for the employer. The blog’s summary omits the third and fourth categories, which can extend compensability beyond physical premise-based activities. This means that under Illinois law, if the employer requires the employee to be there, the time may count. However, the Johnson ruling did not create a blanket rule that all time on an employer’s premises is automatically compensable. The ruling removed the Portal-to-Portal Act as a defense, but employers may still challenge whether a specific activity qualifies as time the employee was “required” to be on premises under the IDOL definition, and may raise de minimis arguments for trivial amounts of time. Each claim requires a fact-specific analysis. The time that workers are required to spend on-site before or after their shifts cannot be treated as unpaid under state law simply because federal rules might allow it.

Activities That May Now Qualify as Compensable Time in Illinois

Donning and Doffing Under Illinois Law in 2026

Workers who must put on or remove employer-mandated gear before or after a shift should pay close attention to this ruling. Under federal law, donning and doffing is compensable only when it is “integral and indispensable” to the employee’s principal activity or when the employer requires it on the employer’s premises. The 2026 Illinois ruling potentially broadens this standard, opening the door to wage and overtime claims related to security checks, logging in to computers, donning and doffing, walking from the entrance to the time clock, and similar activities.

Workers in industries like meatpacking, chemical processing, healthcare, and construction who spend significant time suiting up in protective equipment before their paid shift begins should document this time carefully. Understanding pre- and post-shift work time is critical to knowing whether your employer owes you compensation.

Pre-Shift Briefings, Training, and Security Screenings

Mandatory activities like safety briefings, training sessions, and security checks before or after a shift may generate valid wage claims. Security screenings, equipment checks, uniform requirements, and safety briefings all qualify as potential compensable time under Illinois law. The key question is whether the employer requires the activity and whether it occurs on the employer’s premises. If both conditions are met, Illinois law may require payment even when federal law does not.

A training time case analysis underscores how courts continue to scrutinize mandatory pre-shift requirements.

Penalties Employers Face for Unpaid Off-the-Clock Work in Illinois

Illinois imposes significant financial consequences on employers who fail to pay earned wages. The Illinois Wage Payment and Collection Act (IWPCA), codified at 820 ILCS 115, establishes when, where, and how often wages must be paid. Under the IWPCA, employers found to have violated the Act owe not just unpaid wages but also damages equal to 5% of the underpayment per month, accruing for each month the underpayment remains unpaid.

For claims specifically under the Illinois Minimum Wage Law — the statute at the center of the Johnson ruling — the remedies are even stronger. Under 820 ILCS 105/12, employees who bring a private lawsuit for IMWL overtime or minimum wage violations may recover three times the total amount of underpayments, plus reasonable attorney’s fees and costs. In IDOL-initiated actions, employees recover unpaid wages plus an equal additional amount as damages. Workers should consult an attorney to determine which statute provides the most favorable remedies for their specific claim.

The penalty structure escalates for employers who ignore administrative orders. Employers who fail to comply with an Illinois Department of Labor (IDOL) demand or final order face a 20% penalty payable to IDOL plus a 1%-per-day penalty payable to the employee. IDOL also assesses tiered non-waivable administrative fees (as increased by the June 2025 IWPCA amendment): $500 for orders up to $3,000, $750 for orders over $3,000, and $1,250 for orders of $10,000 or more. You can review the full WPCA penalty schedule on the Illinois Department of Labor’s website.

💡 Pro Tip: Corporate officers or agents who knowingly permit WPCA violations can be held personally liable for unpaid wages and all assessed penalties.

How to Protect Your Wage Claim as an Illinois Worker

Preserving Evidence of Off-the-Clock Work

Strong documentation is the foundation of any successful wage claim. Courts and administrative agencies rely on contemporaneous evidence when evaluating whether off-the-clock work occurred. Workers should take the following steps:

• Save copies of timecards, pay stubs, and work schedules

• Record the actual times you arrive at and leave the employer’s premises each day

• Keep text messages, emails, or memos showing the employer requires pre-shift or post-shift activities

• Write down the names of coworkers who can verify your account

• Note any supervisor instructions to perform tasks before clocking in or after clocking out

Filing a claim promptly matters. Workers can file wage claims through the Illinois Department of Labor using online or printable forms. IWPCA complaints filed with IDOL must be submitted within one year after the wages were due — this is a strict administrative deadline. Workers who miss the IDOL deadline may still bring a private lawsuit, for which courts have applied a significantly longer limitations period of up to 10 years. These two remedial paths are independent and carry different deadlines; consulting an attorney promptly ensures you preserve the broadest recovery window. The IWPCA provides a pathway for recovering unpaid wages, including unused vacation pay, commissions, and bonuses. Note that State of Illinois and federal government employees are exempt from the Act, though employees of local government units and school districts are covered. It is important to understand that Illinois wage payment rules set specific deadlines.

When to Contact a Pre/Post Shift Lawyer About Your Claim

An experienced Pre/Post Shift Lawyer can evaluate whether the time you spend on mandatory activities before or after your shift is compensable under Illinois law. The key question is whether the activity is required by the employer and performed on the employer’s premises. Individual circumstances, including your industry, your job duties, and your employer’s policies, will shape the strength of your claim.

Acting quickly improves your position. Statute of limitations periods and administrative filing deadlines can narrow your recovery window. Whether you work in a warehouse, a hospital, a restaurant, or on a production line, contacting a Pre/Post Shift Lawyer as soon as you suspect unpaid work is the most effective way to preserve your rights.

Frequently Asked Questions

1. Does the 2026 Illinois ruling mean all pre-shift work is automatically paid?

Not necessarily. Each situation depends on specific facts. The key question is whether the activity is required by the employer and performed on the employer’s premises. If yes, Illinois law may require compensation even if federal law does not.

2. Can I file a claim if my employer stopped requiring pre-shift screenings years ago?

You may still have a claim for the period during which the employer required the activity, subject to the applicable statute of limitations. Consult with an Illinois wage claim attorney promptly to evaluate your options.

3. Does this ruling apply to donning and doffing protective equipment?

The Johnson decision broadly addresses employer-mandated activities on the employer’s premises, opening the door to claims related to donning and doffing, security checks, and similar pre- and post-shift activities. However, the facts of each case will determine whether your specific time qualifies as compensable.

4. What damages can I recover for unpaid off-the-clock work in Illinois?

Under the IWPCA, you may recover unpaid wages plus damages equal to 5% of the underpayment per month. Additional penalties apply if the employer fails to comply with an IDOL order, including a 20% penalty to IDOL and a 1%-per-day penalty to the employee.

5. Are salaried employees covered by this ruling?

The Johnson ruling focused on hourly, nonexempt employees. Salaried employees who are classified as non-exempt may also have claims. However, employees who are properly classified as exempt under state and federal law are generally not entitled to overtime compensation.

Protecting Your Right to Full Pay in Illinois

The 2026 Illinois Supreme Court ruling in Johnson v. Amazon.com Services, LLC represents a significant shift in how off-the-clock work is treated under state law. Employer-mandated pre- and post-shift activities may be compensable under Illinois law, even if not compensable under federal law. If you work in a role that requires mandatory activities before or after your paid shift, this decision may directly affect your right to back pay and ongoing compensation.

💡 Pro Tip: Even if your employer changes its timekeeping practices going forward, you may still be entitled to recover wages for past off-the-clock work.

If you believe you have been performing unpaid off-the-clock work, The Lore Law Firm is ready to help you evaluate your claim. Call 866-559-0400 or submit a free case evaluation to get started.

Michael Lore

Founding Attorney

Michael Lore is the founder of The Lore Law Firm with over 25 years of experience in labor and employment law. He handles cases ranging from unpaid overtime and class actions to executive contracts and personal injury matters in courts nationwide.

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