Bird Marella represents the Labor Commissioner of the State of California in a series of actions filed by various motor carriers in state and federal courts.
In these cases, the motor carriers contend that the Labor Commissioner’s statutory authority to adjudicate the wage claims of truck drivers was either preempted by federal law or precluded by form arbitration agreements. So far in 2014, Bird Marella attorneys Karis Chi, Jessie Kornberg and Paul Chan have obtained dismissals of all three of the lawsuits filed against the Labor Commissioner in federal court, and have defeated motions to compel arbitration in two cases filed in Los Angeles Superior Court, by obtaining findings that the form arbitration agreements at issue were unconscionable and unenforceable.