Illinois Wage Law Does Not Import Federal Pre-Shift Exemptions
The Illinois Supreme Court answered a certified question from the Seventh Circuit in the negative: the Illinois Minimum Wage Law, 820 ILCS 105/4a, does not incorporate the exclusion for preliminary and postliminary activities found in the federal Portal-to-Portal Act (29 U.S.C. § 254(a)(2)).
The case arose when Amazon required all hourly warehouse workers in Illinois to undergo mandatory COVID-19 screenings before clocking in during March 2020. The temperature checks and symptom questionnaires took 10–15 minutes on average. Amazon argued the time was excluded from compensable hours under the federal PPA, which Illinois wage law silently borrowed. The court disagreed.
Justice David Overstreet, writing for six justices, grounded the ruling in plain statutory language: while the Illinois Wage Law mirrors the Fair Labor Standards Act’s overtime provision, it contains none of the PPA’s preliminary-activity exclusions. The court would not read an exemption into a statute that deliberately omits one.
Illinois employers can no longer rely on federal Portal-to-Portal Act protections to exclude mandatory pre- and post-shift activities from compensable time. Every employer who requires workers to be present before clocking in — for safety checks, security screening, equipment donning, or training — faces potential wage-and-hour liability under Illinois law that did not exist before this ruling.
From Warehouse Floor to the Highest Court
Who Must Now Recalibrate Their Time Policies
The ruling applies broadly to any Illinois employer who requires workers to perform any task before clocking in. Common pre-shift requirements that may now trigger wage liability include COVID-era and ongoing security screenings, safety briefings, donning protective equipment, logging into systems, and pre-shift tool checks.
Amazon, fulfillment centers, and freight handlers who require pre-shift safety and screening procedures.
High ExposureEquipment donning requirements, line safety briefings, and tool checks completed before the time clock.
High ExposureInfection-control protocols, PPE donning, and credential badge verification before shift start.
High ExposurePre-open store briefings, cash-drawer verification, and loss-prevention security screening.
Moderate ExposureWeapon-detection screening, uniform checks, and system login requirements before duty.
Moderate ExposurePre-shift food safety checks, allergen briefings, and health screening now potentially compensable.
Moderate ExposureIllinois wage-and-hour attorneys expect a wave of audits and class action filings. Employers should immediately audit whether any mandatory pre-clock-in activities trigger liability under the ruling’s new standard: if the activity is employer-mandated and done at a prescribed place, the time may be compensable.
National Law Review · ISBA Quick TakesCTA Sues Feds Over $3.1B Transit Freeze
The Chicago Transit Authority filed a 51-page federal complaint against the U.S. Department of Transportation and Federal Transit Administration, alleging the Trump administration froze grant funds for two major projects as punishment for the CTA’s diversity requirements for contractors. The agency called it an attempt to “hold hostage billions of dollars in federal grants for crucial infrastructure projects.”
Federal Judge Thomas M. Durkin was asked to issue emergency relief by March 27 — after which the CTA warned it would begin demobilizing work and laying off employees and contractors.
Chance the Rapper Wins. Jury Gives Ex-Manager $35.
Pat Corcoran managed Chancellor Bennett from 2012 to 2020, co-building the artist’s historic independent career — without a written contract. Corcoran was terminated following the release of Chance’s critically panned 2019 album The Big Day. He claimed a verbal agreement entitled him to a three-year post-termination “sunset” commission on earnings. The jury disagreed. The verdict illustrates the litigation risk of high-value entertainment relationships conducted on handshakes and trust rather than documented agreements.
Google Gemini: BIPA Reaches Into AI Photo Editing
“Google LLC scanned users’ faces in uploaded photographs without first obtaining written consent, without notifying users how biometric data would be collected, stored, used, or destroyed, in violation of 740 ILCS 14.” Adams v. Google LLC, Cook County Circuit Court (2026)
BIPA’s frontier has expanded from time-clock fingerprints to AI-generated voiceprints to AI-edited face photographs. Each wave of litigation reshapes what AI companies must disclose before touching a user’s biometric data.
The Center Square · Off The Press7th Circuit Affirms Amazon Virtual Try-On BIPA Class
A three-judge Seventh Circuit panel affirmed class certification for Illinois residents who used Amazon’s Virtual Try-On augmented-reality feature. The feature uses facial geometry analysis — measuring and mapping facial structure to overlay simulated makeup and eyewear — which plaintiffs allege constitutes collection of biometric identifiers under BIPA without required notice, written consent, or data retention disclosures.
The circuit found that common questions about Amazon’s statutory compliance predominated over individual issues, satisfying Rule 23(b)(3). Amazon had argued that individual variations in consent and notice defeated commonality. The panel rejected this.
AG Raoul: Retaliatory Enforcement Is Illegal
Attorney General Kwame Raoul filed suit against the Trump administration for what he characterizes as “illegal and retaliatory immigration enforcement tactics” deployed against Illinois communities following Chicago’s declaration as a sanctuary city. The complaint alleges that federal enforcement actions targeting Chicago’s immigrant communities constituted politically motivated overreach beyond the scope of lawful immigration authority.
CPS and Moody Bible Settle Student Teaching Dispute
Chicago Public Schools and Moody Bible Institute reached a settlement ending a lawsuit that presented a direct collision between school district non-discrimination requirements and students’ religious free exercise rights. Moody had sued CPS in federal court, alleging that the district’s anti-discrimination prerequisites for student teaching placements unconstitutionally blocked its students from public-school practicum opportunities based on religious identity.
- Non-discrimination requirements protect all students from discriminatory conduct during practicum placements
- Student teachers operating in public schools are subject to district equity policies
- District cannot cede anti-discrimination oversight to religious institutions
- Non-discrimination requirements discriminated against Moody students based on religious viewpoint
- Blocking student teaching violated students’ First Amendment free exercise rights
- Religious institutions should not be penalized for religious beliefs in public accommodations
The settlement terms were not publicly disclosed. The case joins a growing body of Title IX, First Amendment, and anti-discrimination disputes pitting religious educational institutions against public school district policies.
Cook County Record · Legal NewslineState’s Attorney Formally Opposes Special Prosecutor for Operation Midway Blitz
Appointing a special prosecutor would make prosecution of any federal agent more difficult, not less, given federal law enforcement immunity, the federal government’s refusal to share evidence, and the absence of cooperation from local law enforcement officers who were present.
Cook County State’s Attorney Eileen O’Neill Burke, opposition filing, March 16, 2026The coalition of 250+ officials, led by Loevy & Loevy, filed their petition in March 2026 alleging ICE agents committed assault, illegal detention, and tear-gassing during Operation Midway Blitz. The State’s Attorney’s formal opposition — calling the petition “frivolous” — creates a procedural standoff: the chief judge of the Criminal Division must now decide whether to appoint a special prosecutor over the elected State’s Attorney’s explicit objection. No federal agents have been charged with crimes arising from the operation.
70 Days to Adjournment: The Bills in Motion
The Illinois spring session runs through May 31. With nine weeks remaining, several consequential measures are moving through committees and onto chamber floors. The session’s legal legacy will be shaped by what passes before adjournment.
Requires data centers to fund own renewable energy, mandates IEPA water-use permits, establishes community benefits agreements.
Expands campus sexual assault reporting requirements and victim support infrastructure at Illinois colleges and universities.
Imposes restrictions on social media platform design features targeting minors; raises First Amendment and dormant Commerce Clause questions.
The Week Ahead
Specific legal events on the Illinois calendar for the coming week.
CTA v. DOT/FTA: Judge Durkin’s deadline to act on CTA’s emergency injunction request to restore Red Line Extension funding or force demobilization
Illinois House and Senate committee hearings resume; POWER Act, HB 5511, SB 3467 and fiscal-year budget measures in play
Cook County Criminal Division: chief judge may rule on special prosecutor petition for Operation Midway Blitz over SA opposition
ICC / Illinois Power Agency virtual workshop: scenario design for Integrated Resource Plan — nuclear, DERs, and virtual power plants under EO 2026-01
Papa John’s finger-scanner class action settlement deadline — $2.25M fund; BIPA claimants must submit before this date
104th General Assembly spring session adjournment — all pending bills must pass or die; wage-and-hour, energy, and data center measures at stake