GLORIA COLON, ET AL.VS. STRATEGIC DELIVERY SOLUTIONS, LLC, ET AL. (L-3994-16, UNION COUNTY AND STATEWIDE) (A-2378-17T4)
The court holds that the New Jersey Arbitration Act (NJAA), N.J.S.A. 2A:23B-1 to -32, applies to require arbitration of plaintiffs' wage, hour and payment claims if the Federal Arbitration Act (FAA), 9 U.S.C. §§1-16 does not apply.
Plaintiffs are truck drivers under contract with defendant Strategic Delivery Solutions, LLC (SDS) to deliver products to SDS's customers. The contract provides that disputes are to be arbitrated under the FAA. Plaintiffs contend they are not required to arbitrate their claims because they are engaged in interstate commerce, making them exempt from the FAA under Section one.
The complaint is reinstated and remanded for the trial court to determine if plaintiffs are exempt under section one of the FAA. If the FAA does not apply, the court holds that the FAA does not preempt arbitration under the NJAA. The court also holds that plaintiffs waived a jury trial and the ability to proceed as a class on their wage, hour and payment claims.
