In 2026, Illinois' highest court confirmed that time spent in mandatory screenings and waiting on the employer's premises can be payable under Illinois law β even when federal law says otherwise.
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For years, warehouse employers relied on a federal rule that time spent in security screenings before or after a shift doesn't have to be paid. In 2026, the Illinois Supreme Court β answering a question from a federal appeals court in a case brought by Illinois warehouse workers β held that Illinois law is broader than federal law: the Illinois Minimum Wage Law does not adopt the federal exclusions for pre-shift and post-shift activities.
What that means in plain English: under Illinois law, time your employer requires you to spend on the premises β waiting in screening lines, going through mandatory checks, waiting to clock in β can count as hours worked. If that time pushes your week past 40 hours, it can also be unpaid overtime.
Federal law (through the Portal-to-Portal Act) excludes many "preliminary" activities from paid time, and the U.S. Supreme Court applied that to security screenings in 2014. Illinois never adopted those exclusions. That's why the same minutes that are unpaid under federal law can be payable under the Illinois Minimum Wage Law β and Illinois backs its law with damages federal law can't match.
Ten to fifteen unpaid minutes per shift sounds small. Across a year of five-day weeks it's 40 to 65 hours of unpaid time β and if you already work 40-hour weeks, those are overtime hours.
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The Illinois Minimum Wage Law allows recovery of three times the amount of the underpaid wages.
On top of treble damages, Illinois adds damages of 5% of the underpayment for every month it remains unpaid. Old violations grow.
The employer pays costs and reasonable attorney fees on a successful claim, and private claims generally reach back three years.
Because these pay practices come from a single facility-wide policy β one screening process, one time-clock system β they affect entire workforces the same way. That is why they are often pursued as class or collective cases rather than one worker at a time.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Tell us about your shift β where the unpaid minutes are, and how often. We'll tell you what Illinois law says. No obligation.
Paul M. Botros β Employment & wage law attorney. 15+ years focused on unpaid wages: thousands of workers helped, millions recovered. Licensed in Texas and Florida, with federal wage cases nationwide. When you submit this form, it comes directly to me.
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