Evans v. Southern Pacific Transportation Co‪.‬

Appellant Nancy Jane Baker filed a complaint with respondent State of California Labor Commissioner (hereinafter Commissioner), seeking overtime pay from her former employer, respondent Fidelity Brokerage Services, Inc. (hereinafter Fidelity). At the hearing on Bakers complaint, Fidelity challenged the Commissioners jurisdiction by asserting that the matter was subject to arbitration. After taking the jurisdictional objection under submission, the Commissioner dismissed Bakers complaint "[f]or want of statutory jurisdiction."