On Tuesday, Micron Technology Inc. filed a notice of removal with the Northern District of California in connection with a lawsuit brought by the company’s former Director of Digital Marketing. The suit accuses Micron of failing to pay for employees’ at-home wireless internet and phone expenses incurred while telecommuting during the COVID-19 pandemic.
According to the plaintiff’s August-filed amended complaint, Idaho-headquartered Micron produces computer memory and computer data storage devices like USB flash drives. The complainant reportedly worked at Micron in San Jose, California for less than a year.
The filing alleges that Micron violated California law by failing to reimburse the plaintiff and other, similarly situated employees for internet and phone-related expenses. According to the operative complaint, the lawsuit seeks to certify a class of Micron’s California employees who were not reimbursed “for all expenses within four years preceding filing the complaint to the time of final judgment.” The plaintiff and putative class seek injunctive relief, the reimbursement of these expenses, and civil penalties pursuant to the California Labor Code.
In its notice, Micron asserts that its removal is timely because it comes within 30 days of service of the first amended complaint. The company notes that though the plaintiff initially filed suit on June 25, it did not serve the company with notice of the original complaint. It was only on September 7 that the company’s counsel signed and returned an acknowledgement of the first amended complaint, the motion says.
Micron argues that the court has diversity jurisdiction over the matter because the parties are completely diverse and the amount in controversy requirement is satisfied. In addition, the defendant asserts that the court has original jurisdiction pursuant to the Class Action Fairness Act.