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PetSmart has agreed to a $10 million settlement in a collective wage and hour class action lawsuit filed against the company. If approved, the class action settlement funds will be distributed to 16,000 current and former animal groomers and other workers across 132 stores.
U.S. District Judge Edward J. Davila granted preliminary approval to the PetSmart class action settlement, which will release PetSmart from certain allegations pertaining to their payment methods towards their pet groomers. The plaintiffs stated that the company had violated state minimum wage laws, including nonexempt employees who were not paid, despite working on their meal breaks.
The PetSmart wage and hour lawsuit was originally filed in Alameda County Superior Court in 2012. It was originally filed on behalf of PetSmart groomers, but was expanded to include minimum wage and meal break violations for nonexempt, hourly employees. The class action lawsuit alleged that PetSmart violated state labor law by failing to compensate pet groomers for the time they spent performing non-grooming duties, such as stocking or cleaning. These allegations originated from a claim that PetSmart paid its stylists 50 percent of the net price of a grooming fee, which allegedly fails to cover the minimum wage requirement for non-grooming duties.
Additionally, the pet groomers claimed that PetSmart did not reimburse them for grooming tools they were required to purchase. Further, they argued the company did not provide them with suitable seats, had improperly calculated vacation pay, did not provide punctually scheduled payments after employees were terminated and failed to pay for meal break violations.
According to the class action lawsuit, the meal break violations were common because the break room was located in the back of store. On their way to the break room, employees would be occasionally forced to assist customers even when they had punched out for their break.
Both legal teams have indicated PetSmart has been cooperative in the litigation process, acknowledging the mistakes and weaknesses in their system. The company not only agreed to the class action settlement, but also vowed to work to correct these errors to prevent future violations. To start, this class action settlement will resolve PetSmart’s policy of only allowing 30 minute meal breaks between six and eight hour shifts, which violates the California labor law that mandates a meal period every five hours.
The PetSmart wage and hour settlement will cover all hourly employees and stylists, grooming trainees and salon managers who worked in California PetSmart stores from May 23, 2008 to the present. A sub-class for terminated employees stretches from May 23, 2009 to the present.
Overview of Wage and Hour Policy
Under federal law, the Fair Labor Standards Act (FLSA) requires that typical, covered employees be paid at least a minimum of $7.25 per hour. This wage must be paid for all hours worked, plus time and one-half regular rates for overtime pay. The only time an employee may be exempt from minimum wage is when they are of managerial or higher employment status, seasonal workers, or work in a tipped wage job, providing that the tips sufficiently meet minimum wage standards.
An approval hearing for the PetSmart settlement has been scheduled for March 7, 2014.
This PetSmart wage and hour lawsuit is Danette M. Moore, et al. v. PetSmart Inc., et al., Case No. 5:12-cv-03577, in the U.S. District Court for the Northern District of California.
File a Wage and Hour Lawsuit Today
If you believe that you or a loved one have not received the wages you deserve, you have legal options. Please visit the Minimum Wage Lawsuits: Service Charge, Wage & Hour Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned wage and hour lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The wage and hour attorneys working this investigation do not get paid until you do.
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97 thoughts onPetSmart Employees Win $10M Wage and Hour Settlement
Still havnt tegieve any money an year later! Has anyone else?
I just called, it was appealed aug of 2017 and has not been resolved as of today
Aug 2016 not 2017
Not gotten any check a year later!
Does anyone have any updates on this case? I forgot all about it until I was clearing out old paperwork and found the packet info in a folder. The original papers date back to December 9, 2014 and it is now June 19, 2017! So if anyone has any information it would be greatly appreciated. PetSmart definitely deserves to cash out and make things right. Thanks guys!
Yes, one of the class members, Lindsey Loomis, keeps appealing it. Over and over. It doesn’t seem to be Petsmart that’s the issue here.
Why is Mrs. Loomis appealing it? Doesn’t it benefit her?
I’m happy I got a reply and so quickly. Seems I’m not the only one hoping this will whole thing will end up being worth the wait. But waiting’s no choice on our end I suppose. Thanks for the response!
Has anyone heard anything about this?
Last I heard it was getting appealed again.
Will we ever see any $?
So we will most likely not get a check until February or April 2017? This is ridiculous petsmart is a huge cooperation with so much money and they are making all of us wait like this.
Well it’s may now…
last day of the month and still nothing here
Any body get a check yet..I was told this month we’d get paid….What’s today.. August 24th, Still nothing..Hope it’s not prolonged again…Tried to call..Just plays music and no body answers…If you need the # it’s 18884286671..Let me know if any knew info..Thanks
meant new info, can’t spell
Nothing yet here meow meow
Just called today and petsmart sent in another appeal on Friday the 26th of August and we won’t see anything for another 6-8 months…..
OMG! just reading this while I waited for another 20 mins (2x) on hold…and then autohangup! Another appeal!!? waited 2 of my (nearly) 6 years at 1854 for this settlement …so far…now trying 20 min autocallback…!!!OK they called back!!! yup 6 to 8 months from Aug 2016 after the latest appeal!! anyone know what the appeal(s) are based on???
I was just wondering about this. I opted in way back when they first sent notices about this and never heard anything back. Bet I’ll never see that money :p
petsmart has not even learned from this! I am a groomer in ny and our district has now mandated unpaid floor time every week even tho we are booked up … not to mention the unpaid hrs spent cleaning and the call log all violatons of the fair labor standards act, plus we are not paid overtime iI have heard a class action may start here in ny .. I hope so .. good luck cali !!! :)
I miss the old Commission pay. Now it’s called a Variable rate…You work your butt off to get it up high. Like $19.00 an hr, just to come crashing down , because you had a few weeks of no dogs coming in..Takes forever to get up there.. But goes done very quickly…Hope NY doesn’t sue…They’ll do this to you too…
i would call your labor lawyer back then. variable rate or at risk pay still needs to meet minimum wage for all hours worked and flsa laws and is generally only used as a bonus to your pay . salon managers receive one every week you when plan is higher. petsmart would be smarter compensating hourly plus a lower rate of commission( 35 – 40 ) to ensure all hours are paid for . but what do i know i ve never even been close to getting paid 19 dollars an hr in our store .. still best of luck :)
i would call your labor lawyer back then. variable rate or at risk pay still needs to meet minimum wage for all hours worked overtime and flsa laws and is generally only used as a bonus to your pay . salon managers receive one every week when your plan is higher. petsmart would be smarter lowering salon manager bonuses and compensating hourly plus a lower rate of commission( 35 – 40 ) to ensure all hours are paid for.. or im sure they will lose groomers but gain lawsuits :) but what do i know i ve never even been close to getting paid 19 dollars an hr in our store .. still best of luck :)
Any updates on the settlement? I lost the number to call.
18884286671..They said sometime in August 2016
That they will send out checks..Cross your fingers…
woo!