District Court Denies Fidelity National Management Services’ Motion to Compel Individual Arbitration – San Francisco Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on August 8, 2013

ApartmentThe United States District Court in the Eastern District of California has denied a motion to compel arbitration filed by Fidelity National Management Service.  The San Francisco Wage & Hour Claims Law Firm, Blumenthal, Nordrehaug & Bhowmik, filed a first amended class action lawsuit against the Title Insurance Company alleging that the Plaintiff, an escrow officer/escrow manager employed by Defendant from April 2000 to July 2011, and those similarly situated were undercompensated by Defendant because they were unlawfully misclassified as exempt from California's wage and hour laws.  Plaintiff's claims were 1) Unlawful Business Practices, Cal. Bus. & Prof. Code § 17200, et seq.; 2) Failure to Pay Overtime Compensation, Cal. Lab. Code §§ 510, 515, 1194, and 1198; 3) Failure to Provide Accurate Itemized Wage Statements, Cal. Lab. Code § 226; 4) Failure to Pay Wages When Due, Cal. Lab. Code §§ 201, 202, and 203; and 5) Violation of the Private Attorneys General Act, Cal. Lab. Code § 2698, et seq.  Fidelity National filed a motion to compel arbitration arguing that any claims raised by the Plaintiff are covered by an employment agreement which compels arbitration.

Because Plaintiff did not 1) contest the compensation received under that employment agreement or claim that Defendant violated any provision of the employment agreement, and 2) Plaintiff’s claims are limited to the time period after the employment agreement expired, the District Court held that the arbitration clause contained with the agreement did not apply.  Defendant's motion to compel arbitration is denied.

If you work as an escrow officer/escrow manager for Fidelity National Management Service or for a different company and are not being paid overtime, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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