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Case Notes

By ALM Staff | Law Journal Newsletters |
July 02, 2015

First Circuit: Notice of Removal Filed More Than 30 Days After Service of a Complaint Was Timely

In Romulus v. CVS Pharm., Inc., 770 F.3d 67 (1st Cir. 2014), the defendant pharmacy chain maintained a policy requiring its shift supervisors to remain on premises during rest or meal breaks when there were no other managerial employees on duty. A group of shift supervisors at the defendant's Massachusetts stores filed a putative class action in Massachusetts Superior Court, alleging that the defendant's refusal to pay them for their break time was a violation of Mass. Gen. Laws ch. 149, ' 148, the Massachusetts Wage Act, and Mass. Gen. Laws ch. 151, ” 1A and 1B, the Massachusetts Overtime Statute. In their complaint, the plaintiffs sought unpaid wages and costs for the breaks, beginning in July 2008, but did not provide any information regarding the number of breaks at issue or the total amount of damages claimed.

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