Central Freight Lines Inc., Motion to Transfer Venue Denied in Class Action Lawsuit Filed by the Sacramento Labor Lawyers at Blumenthal, Nordrehaug & Bhowmik

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United States District Court Honorable Judge John Mendez denied Defendant's motion to transfer venue asserting that the forum-selection clause did not apply to Plaintiff's statutory claims

California employment lawyers Blumenthal, Nordrehaug & Bhowmik

California employment lawyers Blumenthal, Nordrehaug & Bhowmik

Honorable Judge John Mendez reasoned that the contested forum-selection clause was a "scheme to circumvent statues conferring special benefits on workers."

On October 6, 2017, United States District Court Judge for the Eastern District of California, Honorable Judge John Mendez, denied Central Freight Lines, Inc.'s, motion to transfer venue in a proposed class action lawsuit alleging that Central Freight Lines, Inc., failed to classify their truck drivers as employees, but instead classified them as independent contractors. A copy of the Court's order denying Central Freight Lines, Inc.'s, motion to transfer venue can be read by clicking here. The lawsuit is currently pending in the United States District Court for the Eastern District of California, Case No., 216-cv-00280-JAM-EFB.

At issue in the case, was whether the Plaintiff, who worked as a truck driver for Central Freight Lines, Inc. in California, met all the criteria under California Labor Code Statues to be labeled as a employee rather than a independent contractor. Also at issue, is whether the forum-selection clause applied to Plaintiff’s claims.

The Sacramento employment law attorneys at Blumenthal Nordrehaug & Bhowmik argued that the truck drivers working for Central Freight Lines, Inc. were allegedly victims of "unlawful, unfair, and deceptive business practices", and were also illegally misclassified as independent contractors. California Labor Code Section 226.8 provides that "[i]t is unlawful for any person or employer to engage in . . . [w]illful misclassification of an individual as an independent contractor." Honorable Judge John Mendez reasoned that the contested forum-selection clause was a "scheme to circumvent statues conferring special benefits on workers."

The Central Freight Lines, Inc., lawsuit will now continue to proceed in the United States District Court for the Eastern District of California.

Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco, Sacramento, Los Angeles and Riverside. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, missed meal breaks, wrongful termination, discrimination and other California labor laws. Contact an experienced California employment lawyer today by calling (800) 568-8020.

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Nicholas De Blouw
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