Nieto v. Fresno Beverage Co.Annotate this Case
After plaintiff was terminated from VWB, he filed a class action against the company alleging various wage and hour violations under California labor law. The Court of Appeal affirmed the trial court's denial of VWB's petition to compel arbitration and held that the trial court correctly found that plaintiff's employment came within the Federal Arbitration Act's exemption granted to transportation workers engaged in interstate commerce. The trial court correctly found that plaintiff, employed as a delivery driver for VWB, engaged in interstate commerce through his participation in the continuation of the movement of interstate goods to their destinations. Therefore, plaintiff was exempt from the FAA. The court need not address plaintiff's alternative argument that the arbitration agreement was unenforceable.