Regina Haro v. Kaiser Foundation Hospitals

I. Background1

In response to the ongoing COVID-19 pandemic, Kaiser Foundation Hospitals began requiring some its hourly employees to arrive at least 15 minutes prior to the start of their shift so that they could undergo medical screenings before being allowed into their worksites. The employees were not compensated for this time. Regina Haro, a Kaiser employee, filed this putative class action on behalf of other hourly Kaiser employees in California state court, alleging that this policy violated the state minimum wage laws. Kaiser removed the case to federal court, arguing that there were two separate grounds for federal question jurisdiction: complete preemption under either the Public Readiness and Emergency Preparedness Act (“PREP”) or the Labor Management Relations Act (“LMRA”). Before the Court is Haro’s motion to remand.

II. Legal Standard

Federal courts operate under the presumption that they do not have jurisdiction over state-law causes of action. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). The party seeking removal has the burden of showing that the federal court has jurisdiction over the matter and that removal…