the Court finds that the arbitration agreement is unenforceable, and that defendants’ motion to compel arbitration should be denied
Los Angeles, CA (PRWEB) January 21, 2015
On January 12, 2015, Honorable Christina Snyder denied C.H. Robinson Company's motion to compel arbitration in a class action lawsuit alleging that C.H. Robinson improperly classified Account Managers and Transportation Representatives as exempt from California overtime requirements. The Account Manager class action overtime lawsuit against C.H. Robinson Company is currently pending in the United States District Court in the Central District of California, Case No. 2:12-CV-06654-CAS. The class action was originally filed in June of 2013 by the Los Angeles employment law attorneys at Blumenthal Nordrehaug and Bhowmik and can be read here.
The Los Angeles employment law lawyers at Blumenthal Nordrehaug & Bhowmik filed a motion opposing C.H. Robinson's motion to compel arbitration, arguing that C.H. Robinson's arbitration provisions contained in the Agreement signed by the Plaintiff were clearly unconscionable under Cal. Civil Code Section 1670.5. The Honorable Christina Snyder agreed with Plaintiff's argument and refused to compel arbitration of Plaintiff's claims.
Judge Christina Snyder wrote in her decision "[i]nstead of attempting to sever or reform all five unconscionable provisions and fill any resulting gaps, the Court finds that the arbitration agreement is unenforceable, and that defendants’ motion to compel arbitration should be denied." 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 C.H. Robinson Company 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.