Sonika Flournoy v. Watts Healthcare Corporation

I. INTRODUCTION

On March 2, 2020, Sonika Flournoy (“Plaintiff”) filed a Complaint in state court on behalf of herself and other similarly situated persons against Watts Healthcare Corporation (“Defendant”). Plaintiff alleges Defendant (1) failed to pay wages for all hours worked at the legal minimum wage rate under California Labor Code § 1194, and § 1197; (2) failed to pay proper overtime wages for daily overtime worked, all hours worked, and failure to include all remuneration in calculating overtime wages under California Labor Code §§ 510, 1194, and 1198; (3) failed to timely pay wages under California Labor Code § 204; and (4) failed to provide complete and accurate wage. On July 24, 2020, Defendant removed this action to federal court based on federal question jurisdiction under § 301 of the Labor Relations Management Act (“LMRA”), 29 U.S.C. § 185. Defendant argues that because the parties agreed to a Collective Bargaining Agreement (“CBA”’) that covers the subject matter of Plaintiffs claims, the Labor Management Relations Act (“LMRA”) preempts Plaintiff's state law claims. Presently before the Court is Plaintiff's Motion to Remand and Request for Attorney’s…