Many Illinois workers are asked to do things before they clock in, after they clock out, or outside their “scheduled” shift — and they are often told it is “not compensable.” That defense just took a major hit. In Johnson v. Amazon.com Services, LLC, 2026 IL 132016, the Illinois Supreme Court made clear that Illinois law can require employers to pay workers for time that employers often try to label as “non-work.” (Illinois Courts) If your employer is requiring you to do something for work and not paying you for it, you should not assume it is legal.
What Happened in Johnson v. Amazon?
The case involved workers who alleged they were required to undergo COVID-19 screening procedures before they could begin work. The issue was whether that time counted as compensable work time under Illinois law. (Illinois Courts)
The Illinois Supreme Court rejected Amazon’s effort to import federal limits on compensable time into Illinois wage law. In other words, just because an employer calls something “preliminary” or “postliminary” does not automatically mean it is unpaid time in Illinois. (Illinois Courts)
That is a big deal for workers.
Illinois Law Can Be More Protective Than Federal Law
One of the most important takeaways from Johnson is that Illinois courts are not required to follow narrower federal rules when interpreting the Illinois Minimum Wage Law.
The Court emphasized that Illinois law looks at whether the employee is required to be there or required to perform the activity. If so, that time may be compensable. (Illinois Courts)
That matters because many employers try to avoid paying for time spent on things like:
- mandatory security screenings,
- required bag checks,
- pre-shift setup,
- logging into systems,
- required communications before a shift,
- donning or doffing gear,
- waiting for required screening or access procedures, and
- other tasks the employee must complete in order to start or finish work.
If your employer requires it, there is a real chance you should be getting paid for it.
What the Illinois Supreme Court Said
The Court’s reasoning is important for employees dealing with off-the-clock work.
The opinion focused on the Illinois definition of hours worked and whether the employee is required to be on the employer’s premises or performing required tasks. The Court also rejected the idea that federal law’s narrower carve-outs automatically apply to Illinois wage claims. (Illinois Courts)
A few key takeaways from the opinion:
“hours worked” can include required time on the premises. (Illinois Courts)
Illinois did not automatically adopt federal exclusions for certain pre- and post-shift activities. (Illinois Courts)
If the employer requires the activity, that time may be compensable. (Illinois Courts)
That means Illinois employees may have stronger wage claims than they realize.
Common Examples of Unpaid Work We See
A lot of workers do not think of these tasks as wage theft because employers normalize them.
But these are exactly the kinds of issues that can lead to claims under Illinois wage laws and, in some cases, federal law too:
1. Pre-Shift Work
You are expected to:
- boot up your computer,
- log into software,
- check messages,
- review assignments,
- attend a quick “huddle,” or
- prepare your workstation
before your paid shift starts.
2. Post-Shift Work
You are required to:
- finish notes,
- close out systems,
- respond to emails or texts,
- complete reports, or
- wait for required security procedures
after you have clocked out.
3. Mandatory Phone or Text Work
You are expected to:
- confirm shifts,
- respond to managers,
- review schedule changes,
- monitor work apps, or
- stay available for work instructions
without being paid for the time.
4. Required Waiting Time
You cannot actually begin or leave work until you complete something your employer requires, such as:
- screenings,
- equipment checks,
- badge access procedures, or
- security lines.
Under Johnson, employers in Illinois are going to have a much harder time dismissing these claims by simply saying, “that wasn’t part of the shift.”
What This Means for Illinois Workers
If you are being asked to do work — or even work-related tasks your employer requires — and you are not getting paid, you may have a claim.
That can include claims for:
- unpaid wages,
- overtime,
- statutory penalties,
- attorneys’ fees, and
- in some cases, class or collective treatment if the employer is doing it to multiple employees.
And importantly: you do not need to wait until you quit or get fired to speak with a lawyer.
What You Should Do If This Is Happening to You
If you think you are being required to work off the clock:
- Save screenshots of texts, emails, schedules, or app notifications
- Keep track of the extra time you are spending
- Preserve handbooks, policies, and training materials
- Write down what tasks you are being required to perform and when
- Do not assume your employer is right just because “that’s how they do it”
Small amounts of unpaid time can add up quickly — especially if it is happening every day or to multiple workers.
Read the Opinion
You can read the Illinois Supreme Court opinion in Johnson v. Amazon.com Services, LLC here: Johnson v. Amazon.com Services, LLC (2026 IL 132016)
If You Are Being Asked to Work Without Pay, Contact Us
If your employer is asking you to do work before your shift, after your shift, on your phone, through texts, in an app, or while “off the clock,” you may be entitled to compensation under Illinois law.
1818 Attorneys & Advisors represents employees in Chicago and throughout Illinois in unpaid wage, retaliation, whistleblower, and employment matters.
If this is happening to you, contact us. You may be owed more than your employer wants you to know.
