Pacific 9 Transportation, Inc. v. Franco

Pacific 9 Transportation, Inc. v. Franco

Some 600 port truck drivers in California filed claims with the state Labor Commissioner, alleging that the hauling companies they work for should have treated them as employees instead of independent contractors, and that they were robbed of due compensation.  

The Labor Commissioner offers a speedy, informal, and affordable process by which workers can get wage claims resolved without hiring a lawyer. But Pacific 9 Transportation, Inc. (“Pac 9”) filed lawsuits against several drivers seeking to enjoin a July 2014 hearing before the Labor Commissioner on their wage claims, and to enforce a boilerplate arbitration agreement with the drivers.  

Public Justice, together with the Wage Justice Center, are helping the drivers in beating back these lawsuits and challenging the enforceability of the arbitration clauses so that they, and hundreds like them, may pursue remedies for wage theft before the Labor Commissioner.

Co-counsel are Victoria Ni and Jennifer Bennett of Public Justice and Matthew Sirolly, Jay Shin, and Ana Cisneros Alvarez of the Wage Justice Center.

Case Documents

Order Denying Motion to Compel Arbitration (July 8, 2014)

Court orders holding that that Pac 9’s arbitration agreements were not subject to the Federal Arbitration Act, the drivers’ wage disputes did not fall within the scope of the arbitration agreements, the agreements did not clearly and unmistakably delegate threshold issues for an arbitrator to decide, and the agreements were unconscionable and unenforceable.

Brief Opposing Stay of Trial Court Order Pending Appeal (August 1, 2014)