Samano v. Temple of Kriya

Illinois Appellate Court
Civil Court
Illinois Wage Payment and Collection Act
Citation
Case Number: 
2020 IL App (1st) 190699
Decision Date: 
Thursday, September 3, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
GORDON

The Minimum Wage Law does not apply to Plaintiff, who was ordained as a swami and performed religious ceremonies in that role, as she is not an "employee" for purposes of the statute because she is a member of a religious organization. Plaintiff's Wage Payment Act claims must fail where there was no evidence that the parties agreed to pay Plaintiff for more than 2 1/2 days of work.The function of Plaintiff's work was not just to send emails or maintain a website for a commercial enterprise, where the temple would earn money for religious purposes. The reason for Plaintiff's work cannot be removed from the work itself. Plaintiff did not show a violation of the Wage Payment Act. An employment agreement for purposes of the Wage Payment Act need not be a formally negotiated contract. (REYES, concurring; DELORT, specially concurring.)