Gary Ogaz v. HONEYWELL INTERNATIONAL, INC.

I. Factual and Procedural Background

On January 12, 2021, Plaintiff filed a Complaint in San Bernardino Superior Court for enforcement under the Private Attorneys’ General Act, California Labor Code 2698, et seq., (“PAGA”) against Defendants. Plaintiff was an hourly, non-exempt employee of Defendants from approximately August 2018 to approximately February 2020. In his Complaint, Plaintiff seeks penalties for Defendants’ failure to: pay overtime, provide meal periods, provide rest periods, pay minimum wages, pay wages upon termination, pay wages during employment, provide complete and accurate wage statements, keep complete and accurate payroll records, and reimburse necessary business related expenses and costs. Plaintiff specifically alleges that “[t]he ‘amount in controversy’ for the named Plaintiff, including claims for compensatory damages, restitution, penalties, wages, premium pay, and pro rata share of attorneys’ fees, is less than seventy-five thousand dollars ($75,000).” Complaint, ¶ 1. On April 26, 2021, Defendants removed this action to this Court, alleging that this Court has jurisdiction pursuant to supplemental jurisdiction1 and pursuant to 28 U.S.C. §…