Johnson v. Anderson

Plaintiffs on behalf of a putative class filed a lawsuit seeking overtime wages under the Illinois Minimum Wage Law for time spent undergoing unpaid, mandatory pre-shift COVID-19 screenings during the pandemic. The district court dismissed the Plaintiffs’ claims by finding that they were non-compensable preliminary activities as defined by the federal Portal-to-Portal Act and that they were not compensable under Illinois law. The Seventh Circuit previously certified the question of whether the IMWL incorporates the PPA’s exclusion from compensation of preliminary activities and the Illinois Supreme Court answered the question in the negative. On remand from the Illinois Supreme Court, the Seventh Circuit reversed and remanded to the district court for further proceedings consistent with the opinion of the Illinois Supreme Court. (KIRSCH and SCUDDER, concurring)