Employment law — caregiver exemption

Posted January 26, 2022 10:17 AM

Where a plaintiff is employed as a caregiver taking care of the adult children of the defendant, the defendant is still required to provide overtime pay under the Illinois Minimum Wage Act unless the adult children are orphans, foster children, abused, neglected or abandoned, or otherwise homeless.Maria and Jack Prato (the Pratos) formed Breath of Life Professional Services (Breath of Life) as a not for profit organization for the purpose of running a group home for their two disabled adult children. Gay Ellen Soucek was …

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Criminal procedure — pretrial release

Where defendant is arrested while on pretrial release for a felony, the state does not need to show that no condition would mitigate the danger he poses in order to revoke his release.
Criminal procedure — pretrial release

Where the state seeks pretrial detention, it is not required to explicitly address why each condition or combination of conditions would not mitigate the threat to safety defendant’s release poses.
Civil procedure — injunction

Where defendants failed to pay business taxes for years and district court denied injunction request from government aimed at ensuring future compliance, court’s decision was an abuse of discretion.
Civil procedure — revocation of pretrial release

Where defendant seeks review of the circuit court’s decision revoking his pretrial release, any appeal is reviewed for abuse of discretion.
Criminal law — felon-in-possession

Where felon’s conviction for possessing firearm and ammunition was supported by evidence recovered from motel room that felon had abandoned, sufficient evidence existed to support convictions.
Criminal procedure — revocation of probation

Where defendant is charged with a criminal offense while on probation, his probation may be revoked and he is not eligible for pretrial release.
Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.