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Illinois Supreme Court: Pre- and Post-Shift Work May Be Compensable

The Illinois Supreme Court has ruled employers may owe pay for work-related activities performed before and after scheduled shifts, reshaping off-the-clock compliance.

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Illinois Supreme Court rules companies may have to pay for work-related activities before and after shifts - CBS News
Illinois Supreme Court rules companies may have to pay for work-related activities before and after shifts - CBS NewsAI-generated

Olivia Hart

· 3 min read

The Illinois Supreme Court has ruled that companies may have to pay employees for work-related activities performed before and after their scheduled shifts. The decision comes from the state's highest court, which means it now governs how Illinois employers must treat so-called off-the-clock tasks — the logging in, preparing, closing out and clean-up work that happens outside paid hours.

For HR leaders, the ruling touches time-tracking policy, payroll classification and the design of shift start and end procedures. Any Illinois employer whose workers perform job-related activities outside their scheduled hours now faces a concrete obligation to evaluate whether that time is compensable.

What does the ruling change?

The court's decision addresses a long-running tension in wage law: employees frequently perform small pieces of work before a shift officially begins or after it ends. When that work is required, expected or sufficiently tied to the job, the court indicated employers may owe pay for it.

The ruling gives Illinois workers a state Supreme Court precedent to point to when bringing claims for unpaid wages tied to pre- and post-shift tasks. It also gives plaintiffs' attorneys a clearer path, because the state's highest court has now spoken on the question rather than leaving it to lower courts or federal interpretation.

Which employer decisions does this touch?

The ruling reaches directly into several people-process decisions:

  • Timekeeping systems: Employers should review whether their clocks capture all time employees actually spend working, including time before and after scheduled shifts.
  • Shift design: Managers may need to restructure how shifts begin and end so that required preparation or closing tasks occur within paid time.
  • Wage-and-hour audits: Payroll teams should examine whether historical off-the-clock work has gone unpaid, which creates potential back-pay exposure.
  • Policy language: Handbooks and manager training should state clearly whether pre- and post-shift activities are permitted, forbidden or paid.

The core compliance question for HR is whether employees feel required — formally or informally — to work outside their scheduled hours. If the answer is yes, the ruling suggests that time carries a price.

Why the state's highest court matters here

A state Supreme Court decision carries more weight than an appellate ruling because it binds lower courts across Illinois and leaves no further state appeal. Short of the U.S. Supreme Court taking up a related federal question, or the Illinois legislature amending the underlying law, this ruling stands as the controlling interpretation for the state.

That distinction matters for multi-state employers. A practice that survives scrutiny in one state may now create liability in Illinois, so national HR teams cannot treat off-the-clock time as uniformly low-risk.

What should employers do next?

HR departments in Illinois should begin by mapping where off-the-clock work actually happens — at shift changes, at opening and closing, at equipment log-ins and log-outs. Once those points are identified, the decision becomes one of process design: either fold the tasks into paid time or remove the requirement to perform them.

Managers also deserve direct attention. Pre- and post-shift work often exists not because policy demands it but because supervisors expect it. Training that resets those expectations is a lower-cost fix than litigation.

The ruling signals that courts will continue scrutinizing the boundaries of the workday itself. Employers that wait for a claim to surface before auditing their time practices will likely face that audit under less favorable conditions.

Source: Google News: Employment law ruling

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Olivia Hart

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Correspondent covering companies, deals and strategy in Recruiting and talent acquisition, learning and development at HR Briefing.

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