DiGiantommaso v. GLOBE NEWSPAPER CO., INC.

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiffs in this putative class action assert claims for breach of an implied contract and related causes of action arising out of their employer’s elimination of two paid coffee breaks. The defendant has moved to dismiss the complaint on the grounds that plaintiffs’ state law claims are preempted by federal law and the plaintiff has moved to remand.

I. Factual Background

Plaintiffs Alexander DiGiantommaso and Robert Bibaud (“Plaintiffs”) are employees of the defendant, Globe Newspaper Company, Inc. (“the Globe”), and work in that company’s mail room…