Illinois High Court Weighs In On Amazon Overtime Dispute Amid Pandemic
A high-stakes dispute over unpaid wages has landed before the Illinois Supreme Court, with two former Amazon employees suing the company for allegedly not compensating them for pre- and post-shift work-related activities. The case centers around a federal law that spares employers from paying employees for necessary activities done before or after their shift.
In 2020, during the height of the COVID-19 pandemic, Amazon required employees to undergo screenings prior to their shifts, which included checking for symptoms of the highly contagious illness. Lisa Johnson and Gale Miller Anderson, former Amazon warehouse workers in Chicago, claim they were not paid for this extra time spent at the facility before their shift.
Attorneys representing the plaintiffs argue that Illinois' minimum wage law supersedes federal law, requiring employers to pay employees for activities necessary for their job done before or after the shift. According to John Frawley, one of the plaintiffs' attorneys, "If you require your employees to do something, then you have to pay your employees to do that thing."
However, Amazon's lawyers counter that the nature of the pandemic was a temporary circumstance and does not necessarily make employers liable for additional work required by screenings. Gary Feinerman also argued that completing screenings was not essential to the plaintiffs' on-shift duties.
During oral arguments, Justice Mary K. O'Brien raised concerns about safety implications if employees continued working after failing their COVID-19 screening. The court also heard testimony from Amazon's lawyers about potential financial impacts of ruling in favor of the plaintiffs, citing the need for employers to pay for a wide range of pre- and post-shift activities.
The Illinois Supreme Court has a 5-2 Democratic majority and is set to rule on whether companies like Amazon must compensate employees for pre- and post-shift work-related activities. The outcome could have significant implications for small businesses and workers across the state.
A high-stakes dispute over unpaid wages has landed before the Illinois Supreme Court, with two former Amazon employees suing the company for allegedly not compensating them for pre- and post-shift work-related activities. The case centers around a federal law that spares employers from paying employees for necessary activities done before or after their shift.
In 2020, during the height of the COVID-19 pandemic, Amazon required employees to undergo screenings prior to their shifts, which included checking for symptoms of the highly contagious illness. Lisa Johnson and Gale Miller Anderson, former Amazon warehouse workers in Chicago, claim they were not paid for this extra time spent at the facility before their shift.
Attorneys representing the plaintiffs argue that Illinois' minimum wage law supersedes federal law, requiring employers to pay employees for activities necessary for their job done before or after the shift. According to John Frawley, one of the plaintiffs' attorneys, "If you require your employees to do something, then you have to pay your employees to do that thing."
However, Amazon's lawyers counter that the nature of the pandemic was a temporary circumstance and does not necessarily make employers liable for additional work required by screenings. Gary Feinerman also argued that completing screenings was not essential to the plaintiffs' on-shift duties.
During oral arguments, Justice Mary K. O'Brien raised concerns about safety implications if employees continued working after failing their COVID-19 screening. The court also heard testimony from Amazon's lawyers about potential financial impacts of ruling in favor of the plaintiffs, citing the need for employers to pay for a wide range of pre- and post-shift activities.
The Illinois Supreme Court has a 5-2 Democratic majority and is set to rule on whether companies like Amazon must compensate employees for pre- and post-shift work-related activities. The outcome could have significant implications for small businesses and workers across the state.
. I mean, come on, if you need 'em to test for COVID before they start workin', that's part of their job, right? It's not like they can just opt out or somethin'. And what about all the other times employees gotta be at the warehouse, gettin' ready or cleanin' up after a shift? That's some extra time that's gotta be compensated for. I think Illinois law should take precedence over federal law on this one 
. Small businesses might be worried about gettin' hit with more labor costs, but I'm thinkin' it's only fair to pay employees for all the work they're doin', even if it ain't technically part of their shift 
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, two people can't make an exception just because they're trying to be fair? Amazon has a huge team of lawyers, what's the cost going to be if they lose this case? Small businesses are already struggling enough, now we gotta worry about pre- and post-shift screening too? It seems like Amazon is gonna get off scot-free 
. I'm all for employees getting paid but come on...
I think it's kinda weird that Amazon's lawyers are trying to say that the pandemic wasn't a real thing and doesn't affect their liability 
. Like, come on, guys, we all know how that played out in 2020 
It just seems unfair that they're trying to shift the blame onto the employees 
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It just seems like common sense to me 
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. I mean, come on, you're trying to save lives by not paying people extra for doing something that's just part of their job? It's like saying "Hey, I saved the world from a pandemic, but now you gotta pay me overtime for it" 
. The pandemic was an emergency situation, yeah, but it's also true that Amazon's employees were still required to show up and work, even if they weren't getting paid for their pre- or post-shift activities. It just doesn't seem right that the company is trying to shift all the blame onto the state 
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People are always talking about fairness, but do we ever stop to think about what it means to be treated fairly? It's not just about getting paid, but also about being respected and valued as an individual 