Bergemann v. Rhode Island Department of Environmental Management, 665 F.3d 336

Rhode Island seeks to dismiss an embedded FLSA claim based on sovereign immunity after removing the case to federal court.
EPOs challenge holiday pay not being included in pension calculations and seek compensation for on-call lunch periods.
EPOs allege pension underfunding, FLSA violation, and unjust enrichment against DEM and the State; district court dismissed FLSA and granted summary judgment on remaining claims.
State immunity applies unless waived by express or implied conduct; Lapides v. Board of Regents guides waiver by removal, but limits depend on context.
Court holds removal did not create unfair tactical advantage here because RI is immune in both fora; reaffirming/aligning with RIDEM and Ramsey precedents.
Judgment affirmed for dismissal of FLSA claim and summary judgment on remaining claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of sovereign immunity via removal	EPOs: removal waives immunity to FLSA claim	Rhode Island: removal provides no unfair advantage; immunity remains	Removal did not waive immunity; FLSA claim properly dismissed
Effect of removal on FLSA claim	FLSA claim should proceed against RI	RI immune; removal not altering immunity status	FLSA claim dismissed on immunity grounds
Remaining claims sufficiency	Nuanced factual disputes over on-call pay and retirement contributions	District court correctly granted summary judgment	Remaining claims properly resolved in favor of state; affirmed summary judgment

Lapides v. Board of Regents of Univ. System of Georgia, 535 U.S. 613 (U.S. 2002) (removal can waive immunity in limited circumstances)
Rhode Island Department of Environmental Management v. United States (RIDEM), 304 F.3d 31 (1st Cir. 2002) (consistent immunity position defeats waiver by forum change)
Ramsey v. New Hampshire, 366 F.3d 1 (1st Cir. 2004) (consistent immunity; no unfair advantage by federal forum)