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Employees of Pest Control Company Truly Nolen Can Seek Class-Wide Relief in OT Action Filed by San Diego Employment Attorneys at Blumenthal, Nordrehaug & Bhowmik


San Diego County Superior Court Judge issues big ruling for Truly Nolen's California employees

San Diego, California (PRWEB) July 11, 2013

On June 28, 2013, the Honorable William Dato found an arbitration provision imposed on Truly Nolen's employees as a condition of their employment must be interpreted to permit them to seek class-wide relief. Judge Dato's ruling came in a class action lawsuit alleging that Truly Nolen failed to properly pay their hourly, non-exempt employees the correct amount of overtime wages. Miranda v. Truly Nolen of America, Inc. is currently pending in the San Diego County Superior Court, Case No. 37-2011-00090040-CU-OE-CTL. The original Complaint was filed in August of 2011 and can be read here.

The San Diego labor lawyers at Blumenthal Nordrehaug & Bhowmik put forth the argument that by broadly authorizing the arbitrator to grant any remedy or relief, including any remedy that would have been available if the matter had been heard in court, the arbitration agreement was reasonably understood to permit class-wide relief. Judge Dato agreed with Plaintiff's argument and ordered the parties to arbitration allowing the Plaintiff and other Truly Nolen employees to seek class-wide relief in arbitration.

Judge William Dato stated in his Order that, "Truly Nolen fails to explain how the language of the arbitration provision reasonably advises its employees that classwide relief is not included within 'any' relief." A copy of the Court's order can be read here.

When asked about the court's ruling, managing partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal, stated, "Per the Court's Order we will proceed with litigating the class-wide claims against Truly Nolen as alleged in the Complaint.”

Blumenthal, Nordrehaug & Bhowmik is a San Diego employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to representing California employees with issues involving California overtime pay, wrongful termination, discrimination and other California labor laws.

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