Compliance Stuff

At a Glance Pre-shift work may be compensable where it is integral to an employee’s principal duties, while “waiting time” remains a non-compensable preliminary activity. Employers relying on the de minimis doctrine will be subject to “exacting scrutiny” where off-the-clock work occurs regularly, particularly given modern timekeeping systems. Rounding practices are permissible only if neutral on their face and in practice but may create liability where they systematically exclude compensable pre-shift work. On May 28, 2026, the U.S. Department of Labor (DOL) Wage and Hour Division issued Opinion Letter FLSA2026-8 , providing compliance guidance related to a hospital’s timekeeping and pay practices, including regarding the compensability of certain pre-shift activities, waiting time, application of the de minimis doctrine, and whether its rounding policy complies with the Fair Labor Standards Act (FLSA).  The opinion letter involves an inquiry submitted by a non-exempt employee of...

A recent ruling by the Supreme Court of Illinois that the state’s minimum wage law does not incorporate the federal Portal-to-Portal Act’s (PPA) exclusion for “preliminary or postliminary” employee activities could open the door to a wave of new wage-and-hour lawsuits by employees over time spent undergoing health or security screenings or other required activities before and after their shifts. 0:00 6:08 Quick Hits The Illinois Supreme Court held that Illinois’s Minimum Wage Law does not adopt federal exclusions for preliminary and postliminary activities. The ruling came in a certified question from the U.S. Court of Appeals for the Seventh Circuit and revived a class of employees’ state wage-and-hour claims over mandatory pre-shift COVID-19 screenings. The ruling highlights a trend of state courts holding that their states’ wage-and-hour laws do not necessarily follow the federal understanding of compensable time. On March 19, 2026, the Illinois Supreme Court issued a decision answe...