Plazzi v. FedEx Ground Package System, Inc., No. 22-1365 (1st Cir. 2022)
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The First Circuit affirmed the determination of the district court that Plaintiffs lacked standing under Article III to bring this action alleging a violation of the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, 148 et seq. but vacated the federal district court's judgment dismissing this case, holding that remand was required for a determination as to whether remand to state court was appropriate.
Plaintiffs, who worked as delivery drivers for a service provider for FedEx Ground Package System, Inc., brought this action alleging that their supervisor told them he was withholding part of their weekly pay for tax remittance to federal and state tax authorities and that he never sent the deducted amounts to those tax authorities. Plaintiffs sued FedEx for violating the Wage Act in Middlesex County Superior Court. FedEx invoked diversity jurisdiction and removed the action to federal district court, which dismissed the case on that basis that Plaintiffs lacked standing. The First Circuit remanded the case to the district court, holding that while Plaintiffs lacked Article III standing remand was required for the district court to order supplemental briefing on whether remand to state court was appropriate.
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