Please ensure Javascript is enabled for purposes of website accessibility

16-3119 Luis Vega v. New Forest Home Cemetery, LLC

By: Derek Hawkins//May 23, 2017//

16-3119 Luis Vega v. New Forest Home Cemetery, LLC

By: Derek Hawkins//May 23, 2017//

Listen to this article

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

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests