Muro v. Cornerstone Staffing Solutions, Inc., No. D070206 (D4d1 Feb. 23, 2018)
Plaintiff is a trucker bringing a wage and hour class action against the Temp Service that employs him. His employment contract has an arb clause with a class action waiver. But as was addressed in the 2015 Garrido case, the FAA has a carve out for transportation worker contracts. So the clause is measured under California state arbitration law, which still applies a pre-AT&T v. Concepcion rule that usually invalidates class action waivers. Which happens here. So, like Mr. Garrido, Plaintiff here gets to keep his case in court as a class action.
Affirmed.
Plaintiff is a trucker bringing a wage and hour class action against the Temp Service that employs him. His employment contract has an arb clause with a class action waiver. But as was addressed in the 2015 Garrido case, the FAA has a carve out for transportation worker contracts. So the clause is measured under California state arbitration law, which still applies a pre-AT&T v. Concepcion rule that usually invalidates class action waivers. Which happens here. So, like Mr. Garrido, Plaintiff here gets to keep his case in court as a class action.
Affirmed.