Wendy’s Filed Too Late to Remove Colorado Wage Class Action

Wendy’s International failed to convince the Tenth Circuit that it was improper for a federal district court to send a worker’s wage-and-hour class action back to state court after the fast food chain was late in filing its removal request.

Wendy’s contested whether two letters from plaintiff Jeffrey Little’s counsel that demanded unpaid wages—sent as the state court considered certifying a class of Wendy’s workers in Colorado—constituted sufficient notice of the amount in controversy for federal jurisdiction. The US Court of Appeals for the Tenth Circuit said those demand letters were sent in January 2023, while Wendy’s removed the case ...