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Illinois Warehouse Workers: That Security Line May Be Money Owed to You

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.

Time limits apply to wage claims. Each pay period that passes, the oldest week of your claim can expire. A free case review will tell you your deadline.
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βš–οΈ Legally reviewed by Paul M. Botros, Esq. β€” Employment & Wage Law Attorney, Licensed in Florida & Texas Β· Last updated July 4, 2026

What Illinois Courts Decided in 2026

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.

Why Illinois Is Different

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.

Does This Sound Like Your Shift?

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.

Sound familiar? Get a straight answer in one call.

Free, confidential, no obligation β€” and no fee unless we win.

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What Illinois Law Lets You Recover

Triple the Underpayment

The Illinois Minimum Wage Law allows recovery of three times the amount of the underpaid wages.

5% Per Month Penalty

On top of treble damages, Illinois adds damages of 5% of the underpayment for every month it remains unpaid. Old violations grow.

Attorney Fees + 3-Year Look-Back

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.

Calculate Your Unpaid Overtime

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).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Get Your Free Illinois Wage Case Review

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, Employment Law Attorney

Who reviews your case

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.

1

Tell us what happened β€” two minutes, free, confidential.

2

Your case gets reviewed β€” you hear back within 24 hours with a straight answer, even if the answer is "you don't have a case."

3

You decide β€” if there's a case, everything is handled on contingency. No fee unless we win.

By submitting this form, you agree to be contacted regarding your case. We respect your privacy.

Illinois Warehouse Pay FAQ

Is time in a warehouse security line paid time in Illinois?

It can be. In 2026 the Illinois Supreme Court held that the Illinois Minimum Wage Law does not adopt the federal exclusions for pre- and post-shift activities. Time your employer requires you to spend on the premises β€” including mandatory screenings and waiting connected to them β€” can count as compensable hours worked under Illinois law.

My employer says federal law makes screening time unpaid. Are they right?

They may be right about federal law and still owe you under Illinois law. The U.S. Supreme Court held in 2014 that federal law does not require pay for security screenings. But Illinois courts confirmed in 2026 that Illinois law is broader β€” it never adopted the federal exclusions. Illinois workers can recover under state law even where a federal claim would fail.

How much could 15 unpaid minutes a day be worth?

More than most workers expect. At $18/hour, 15 minutes a day, 5 days a week is about $1.13 per shift in straight time β€” but if you already work 40 hours, those minutes are overtime at time-and-a-half, roughly $340 per year. Illinois law can then triple that and add 5% per month for as long as it goes unpaid. Across a 3-year look-back and an entire facility, these cases become substantial.

How far back can an Illinois wage claim go?

A private claim under the Illinois Minimum Wage Law generally must be brought within three years of the underpayment. Each week that passes can drop the oldest week off the back of your claim, so waiting has a real cost.

Does this apply to temp and staffing-agency warehouse workers?

Often, yes. Illinois wage law protects employees regardless of whether they are hired directly or placed through a staffing agency, and both the agency and the warehouse operator may bear responsibility depending on who controls the work. A free case review can sort out who is on the hook.

What about time clock rounding?

Rounding is only lawful if it is neutral β€” averaging out over time so workers are not systematically underpaid. Rounding systems that consistently shave minutes in the company's favor can themselves be wage violations, and they compound the screening and wait-time problem.

Can I be fired for joining a wage case?

Retaliation for asserting wage rights is illegal under both federal and Illinois law. Workers who are fired, disciplined, or have hours cut for raising wage claims may have additional claims on top of the unpaid wages.

Do I pay anything to find out if I have a case?

No. The review is free and confidential, and these cases are handled on contingency β€” no fee unless we win. Illinois law also makes the employer pay costs and reasonable attorney fees on a successful claim.

Related Resources

Illinois Overtime Laws Unpaid Overtime Portal-to-Portal Act Automatic Lunch Deductions