Resurrection Home Health Services v. Shannon

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 111605
Decision Date: 
January 10, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
PUCINSKI
Holding: 
Reversed and remanded.
Genuine issue of material fact exists as to whether pay structure for home health care service employees is a "fee basis" method of compensation, and thus whether overtime pay is required. Department of Labor has independent statutory right to sue employee for noncompliance with Illinois Minimum Wage Law, and duty to diligently inquire for violations; there is no "opt-out" provision under Minimum Wage Law. (LAVIN and FITZGERALD SMITH, concurring.)