Luis Larraburu v. American Merchandising Specialists, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
On May 11, 2021, Plaintiff Luis Larraburu (‘Plaintiff’), on behalf of himself and other similarly situated employees, filed a complaint in state court against his former employer, American Merchandising Specialists, Inc. (“Defendant”). (Notice of Removal, Ex. A, ECF No. 1.) Plaintiff's claims arise from alleged wage and hour violations that Defendant committed during Plaintiff's employment. Plaintiff asserts the following claims: (1) failure to pay employees for all hours worked at the correct rates of pay; (2) failure to provide rest periods: (3) failure to provide meal periods; (4) failure to indemnify; (5) unfair competition; and (6) failure to timely pay final wages upon termination of employment. On July 30, 2021, Defendant removed this action to federal court based on jurisdiction under the Class Action Fairness Act (“CAFA”). Presently before the Court is Plaintiff's Motion to Remand (“Motion”). (ECF No. 15.) For the following reasons, the Court GRANTS Plaintiff's Motion. Il. FACTUAL BACKGROUND Plaintiff worked for Defendant as an hourly, non-exempt field marketing representative from approximately October 2019 to January 2020.…