A California federal court has denied same-day shipping company Dynamax’s motion to compel arbitration in a driver’s putative class action for unpaid overtime and other wages. U.S. District Court Judge William Aslup held that the arbitration clause was unenforceable because it was not presented in Spanish to the plaintiff, who is originally from El Salvador.
The Judge further found the arbitration clause unconscionable because it imposes excessive fees and expenses under its terms requiring arbitration to take place in Texas. The case is Juan Saravia v. Dynamax Inc. et al., case no. 3:14-cv-05003 in the Northern District of California.
For more information about claims for unpaid overtime, contact Ford & Diulio PC at 714-384-5540.