Are you owed pay for working off the clock?

You may have the right to be paid for time spent preparing for work.

Did your current or former employer fail to pay you for required pre-shift or post-shift work? If so, you may be eligible to pursue an unpaid wages lawsuit and recover back pay.

Fill out the form on this page to see if you qualify.

A recent decision by the Illinois Supreme Court is drawing new attention to whether employees are being paid for all time worked.

Under the Fair Labor Standards Act (FLSA), employers are required to pay workers for all hours worked, including time spent on required job-related activities, such as putting on safety gear, booting up equipment and more. In addition to federal protections, several states — including California, Pennsylvania, New Mexico, Colorado, Arizona, Maryland, New Jersey, Nevada, Ohio and Washington — have laws that may provide even broader protections. The recent Illinois decision brings these issues into sharper focus.

Workers who were asked or required to complete tasks off the clock may have legal options. Depending on the situation, they may be able to join a wage and hour lawsuit or class action to seek unpaid wages.

Federal and state laws on working off the clock

The Fair Labor Standards Act is a federal law that requires employers to pay workers for all hours worked. This can include certain pre-shift and post-shift activities that are necessary to perform the job, such as putting on required safety equipment or logging into work systems.

Another federal law, called the Portal-to-Portal Act, places limits on what counts as paid work time. It explains that employers may not have to pay for certain tasks done before or after a shift unless those activities are “integral and indispensable” to the job.

Some states provide even broader wage and hour protections. For example, California, Pennsylvania and Illinois law may require employers to pay for time spent going through mandatory security screenings or completing other required tasks before or after a shift.

Unpaid work activities that may qualify for back pay

The FLSA and state wage and hour laws outline a variety of pre-shift and post-shift activities that may qualify as paid time. This includes but is not limited to:

• Putting on and taking off PPE
• Walking to or from the time clock
• Going through security screenings
• Booting up or shutting down computers or machines
• Attending mandatory meetings or briefings
• Traveling between work sites during the workday
• Waiting time before starting work

If you were required to perform any of these tasks without pay, you may be eligible to pursue an unpaid wages lawsuit or wage claim.

The Amazon wage lawsuit and what it means for workers

In a recent case (Johnson v. Amazon.com Services LLC, No. 24-1028), former Amazon workers in Illinois claimed they were not paid for mandatory pre-shift activities, such as health screenings. They argued that this time should count as paid work time.

The key legal question is whether Illinois law, called the Illinois Minimum Wage Law (IMWL), follows the same rules as the federal Portal-to-Portal Act, which limits when specific pre-shift and post-shift tasks must be paid.

The Illinois Supreme Court ruled that Illinois law does not follow those federal limits. The court found that the state’s wage law does not include the Portal-to-Portal Act’s exceptions for preliminary and post-shift activities. Instead, Illinois defines “hours worked” more broadly to include time employees are required to be on the employer’s premises.

What this means for workers

This decision is significant for workers in Illinois. Because the state does not follow the federal restrictions, employees may be entitled to be paid for time spent on required pre-shift and post-shift activities, such as security checks or health screenings.

As a result, workers who were not paid for this time could have a stronger basis to join or pursue an unpaid wages lawsuit or wage claim.

How to join a lawsuit for unpaid wages

If you are paid hourly and were required to complete job-related tasks while off the clock — including putting on safety equipment, walking to the time clock or going through security screenings — you may be eligible to join a wage and hour lawsuit.

Workers who were not paid for required pre-shift or post-shift activities may be able to recover back pay for that time.To get started, share your experience using the form on this page.

Your information will be reviewed by legal professionals to determine whether you may qualify to pursue legal action.

Fill out the form on this page to see if you qualify for a free case evaluation.