Hourly employees are sometimes required to do certain tasks in the workplace before they actually begin working or after they’re finished. They may have to put on a uniform and safety gear and remove it at the end of their shift, for example. They may be required to read and sign a notice of a new policy.
Some employers who keep a close eye on payroll may try to save some money by requiring employees to do these things outside of the time they’re “on the clock.” Is that legal?
The Illinois Supreme Court’s ruling
Federal law doesn’t require employers to pay workers for these activities. What about Illinois law?
That was the question before the Illinois Supreme Court earlier this year. The case stemmed from an action brought by two Amazon employees who claimed that their employer required them to take a COVID-19 test during the early days of the pandemic before they could begin their shift, but did not pay them for that testing time, which was 10 to 15 minutes.
In a unanimous decision, the high court ruled that Illinois’ 1971 Minimum Wage Law “did not signify any intention to incorporate the preliminary and postliminary activities exclusions. ”The ruling also stated, “We must refrain from departing from the statute’s plain language by reading into it exceptions, limitations, or conditions that conflict with the express language of the statute.”
It was noted that the law did list some activities as exceptions to those that need to be considered compensable, but “preliminary and postliminary activities” aren’t among them. Those activities, according to the court’s ruling, are “explicitly encompassing all time that an employee is required to be on an employer’s premises.”
The court didn’t specifically rule that these pre- and post-work required activities must be paid – only that an employer could be required to pay them. The case is now returned to the appeals court, where that matter may be decided. The state legislature could also make that clarification.
Employment law can be confusing. It can be hard to know if your employer is violating your rights. If you have questions or concerns, it can help to have experienced legal guidance.
