San Francisco, California (PRWEB) July 08, 2013
On June 27, 2013, Honorable John Mendez denied Fidelity National Management Services' (“Fidelity”) motion to compel arbitration in a class action lawsuit alleging that Fidelity improperly classified Escrow Officers and Escrow Managers as exempt vs. non-exempt from California overtime requirements. Bueche v. Fidelity National Management Services, LLC is currently pending in the United States District Court in the Eastern District of California, Case No. 2:12-CV-1114-JAM-EFB.
The San Francisco labor lawyers at Blumenthal Nordrehaug & Bhowmik filed a motion opposing Fidelity's motion to compel arbitration, arguing that Plaintiff's claims arose from the California Labor Code, not the employment agreement between the parties, and that Plaintiff's claims were therefore outside the scope of the arbitration clause. The Honorable Judge Mendez agreed with Plaintiff's argument and refused to compel arbitration of Plaintiff's claims stating in its order that there was no evidence in the case that Plaintiff's claims arose from her expired employment contract.
Judge John Mendez said that "[p]laintiff's claims are limited to the time period after the contract expired when she was an at-will employee. Her claims therefore do not arise from the expired contract and its arbitration agreement does not apply to her claims." A copy of the Court's order can be read here.
When asked about the court’s ruling, managing partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal, stated, "Per the Court's Order we will proceed with litigating the class-wide claims against Fidelity National as alleged in the Complaint.”
Blumenthal, Nordrehaug & Bhowmik is an employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, wrongful termination, discrimination and other California labor laws.