By: Derek Hawkins//May 23, 2017//
7th Circuit Court of Appeals
Case Name: Luis Vega v. New Forest Home Cemetery, LLC
Case No.: 16-3119
Officials: EASTERBROOK, KANNE, and ROVNER, Circuit Judges.=
Focus:
Luis Vega filed this suit alleging that his former employer, New Forest Home Cemetery, LLC (“New Forest”), by failing to pay him for his final two weeks of work, violated his right under the Fair Labor Standards Act of 1938, 29 U.S.C. § 206(b), to compensation at the minimum wage. The district court entered summary judgment in favor of New Forest, reasoning that Vega had not exhausted the grievance procedure specified by the collective bargaining agreement between New Forest and the union representing its workforce before he filed suit. R. 25. Because the collective bargaining agreement did not clearly and unmistakably waive Vega’s right to pursue his FLSA claim in a judicial forum, we reverse.
Reversed and Remanded