Juan Saravia v. Dynamex, Inc. et al

Filing 99

ORDER RE TRANSPORTATION WORKERS EXEMPTION. Signed by Judge Alsup on 11/12/15. (whalc1, COURT STAFF) (Filed on 11/12/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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JUAN SARAVIA, individually and on
behalf of all others similarly situated,

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Plaintiff,

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No. C 14-05003 WHA

v.

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DYNAMEX, INC., DYNAMEX FLEET
SERVICES, INC., DYNAMEX
OPERATIONS EAST, INC., and
DYNAMEX OPERATIONS WEST, INC.,

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Defendants.

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/

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ORDER RE TRANSPORTATION
WORKERS EXEMPTION

The Court would be inclined to hold that the contracts at issue are “contracts of

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employment” within the meaning of the FAA’s transportation-workers exemption (regardless of

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whether the drivers are independent contractors or not under the FLSA). There seems,

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however, to be no need to decide that issue in this case, because it will not change the basic

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body of law to be applied to the arbitration issue. Therefore, for now, the Court will make no

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ruling on the exemption issue.

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IT IS SO ORDERED.

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Dated: November 12, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE