Judge Sends Putative Wage Class Action to Florida Forum-Selection Clause

NEWARK (LN) — U.S. District Judge Stanley R. Chesler on Monday granted a motion to transfer venue in a putative class action alleging New Jersey wage-and-hour violations, sending the case to the Middle District of Florida based on a mandatory forum-selection clause in the plaintiff’s independent contractor agreement.

Charles Alexander filed suit in New Jersey Superior Court on Dec. 11, 2025, claiming Quality Carriers Inc. and terminal manager Christopher George Silva misclassified him and other delivery drivers as independent contractors from Dec. 2019 through the present. Quality Carriers removed the case to federal court under the Class Action Fairness Act on Feb. 20, 2026, and moved to transfer venue two weeks later.

The independent contractor agreement contains a clause stating that any claim or dispute arising from the relationship "MUST BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING HILLSBOROUGH COUNTY, FLORIDA."

Chesler found the clause mandatory and encompassing Alexander’s claims. Under Atlantic Marine Construction Co. v. U.S. District Court, the plaintiff’s choice of forum merits no weight when a valid clause exists, and private interest factors weigh entirely in favor of the preselected forum. The burden shifted to Alexander to show public-interest factors overwhelmingly disfavored transfer, a standard Chesler noted is rarely met.

Alexander argued that New Jersey’s wage statutes embody fundamental public policies and that a Florida court might apply Florida law, potentially limiting his remedies. Chesler called the argument premature, noting that choice-of-law questions are for the transferee court to decide.

Chesler wrote that Alexander prematurely asked the court to resolve the choice-of-law question before the venue question, quoting a 2024 district court decision: "puts the cart (whether the contract is valid) before the horse (where that question will be answered)."

Alexander also argued that Silva, who did not sign the agreement, should anchor the case in New Jersey. But Silva joined the motion to transfer and consented to litigating in Florida. Chesler noted that 28 U.S.C. § 1404(a) permits transfer to any district where all parties have consented, and Silva’s claims were derivative of those against Quality Carriers.

The case will proceed in Tampa federal court, where the transferee judge will determine whether New Jersey or Florida substantive law governs the wage-and-hour claims.