Monika Duncan v. Baxalta US Inc.

I. INTRODUCTION AND BACKGROUND

On September 30, 2024, Monika Duncan (‘‘Plaintiff”) filed a putative class action Complaint in state court against her employer, Baxalta US Inc, and Ron Grave. (ECF No. 1-2.) Plaintiff asserts the following claims under the California Labor Code: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Failure to Pay All Wages Due Upon Termination: (6) Failure to Provide Accurate Wage Statements: (7) Failure to Timely Pay Wages During Employment; (8) Failure to Reimburse Business Expenses; and (9) Failure to Pay Vacation Benefits Upon Termination. Plaintiff also asserts a tenth claim for unfair competition under California Business and Professions Code §17200. On October 30, 2024, Baxalta removed the case to federal court pursuant to the Class Action Fairness Act (““CAFA”). (ECF No. 1.) Presently before the Court is Plaintiff's Motion to Remand. For the following reasons, the Court DENIES the Motion. Il. JUDICIAL STANDARD 28 U.S.C. § 1441(a) authorizes defendants to remove a case to federal court when the federal court would have had original…