On June 27, a Bergen County, New Jersey Superior Court judge ruled that an arbitration clause which would have prevented our clients from pursuing their wage claims in Court is unenforceable and against New Jersey public policy. As the Court explained, the arbitration clause at issue is unenforceable because it “is devoid of any language that would put the plaintiffs, without extensive knowledge of arbitration, on notice that they were waiving their right to a jury trial or having their disputes settled in court by signing the agreement.” The Court further found the class-action waivers in plaintiffs’ contracts to be moot. Read the decision here.

The case is a proposed class action on behalf of “last-mile” delivery drivers in New Jersey who we allege have been misclassified by Defendants CDL Last Mile Solutions and Subcontracting Concepts, LLC (“SCI”) as “independent contractors” when they are in fact employees. As a result of the misclassification, hundreds of delivery drivers—many of whom work long hours and have to pay for their own equipment—were deprived of overtime and subjected to other forms of wage theft. Read our complaint here.

The case is being litigated by Menken Simpson and Rozger LLP Partner Scott Simpson and Associate Raya F. Saksouk (both practicing in New Jersey pro hac vice). MSR is litigating the case with Partner Daniel J. Cohen and Associate Daniel C. Stark of the Bergen County, NJ law firm of Newman, Simpson & Cohen LLP.