TIMOTHY J. SAVAGE, District Judge.
Plaintiffs brought this action in the Pennsylvania Court of Common Pleas for Philadelphia County. They claim that the City underpaid certain employees as a result of widespread payroll errors for several months after a new payroll system was implemented. They seek wages, union dues and negotiated contributions They also request the appointment of a Master or Receiver to oversee the payroll operations until the payroll errors are cured.
The defendants removed the action, asserting that the federal district court has federal question jurisdiction under 28 U.S.C. § 1331. In the Designation Form, the defendants checked the "federal question" box and noted "FLSA". On the Civil Cover Sheet, it listed the action as one under the Fair Labor Standards Act.
Consistent with our "independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it," Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010), we may remand a case sua sponte for lack of subject matter jurisdiction. 28 U.S.C. § 1447(c) ("If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.").
The plaintiffs filed a single-count complaint. The only cause of action is for breach of duty under the Philadelphia Home Rule Charter. There is no claim under the Fair Labor Standards Act. There are no allegations or claims under any federal statute. Therefore, there is no basis for federal question jurisdiction.