Who is a Class Member
- The Petco unpaid overtime settlement Class includes individuals who submitted consents to join the Kellgren action and have not withdraw their consent or had their claims dismissed as of Sept. 27, 2017, or who worked as an assistant manager at Petco stores in the following states:
- Colorado from Jan. 15, 2014 to June 18, 2016
- Illinois from Nov. 23, 2013 to June 18, 2016
- Massachusetts from Jan. 31, 2014 to June 18, 2016
- New Jersey from April 6, 2015 to June 18, 2016
- New York from April 14, 2010 to June 18, 2016
- Oregon from Oct. 21, 2014 to June 18, 2016
- Pennsylvania from July 14, 2014 to June 18, 2016
If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
- The total amount that each eligible Class member will receive will be calculated based on the number of weeks worked during the applicable time periods, including Back Pay and Liquidated Damages.
Proof of Purchase
Petco Assistant Manager Unpaid Overtime Settlement Notes
- Pending in the U.S. District Court for the Southern District of California
- Erik Kellgren, et al. v. Petco Animal Supplies Inc., et al., Case No. 3:13-cv-00644-L-KSC
- Maria Cote v. Petco Animal Supplies Inc., et al., Case No. 3:17-cv-00898-L-KSC
- James Hecker v. Petco Animal Supplies Inc., et al. Case No. 3:17-cv-01169-L-KSC
- Deserie Michel v. Petco Animal Supplies Stores Inc., et al.,Case No. 3:17-cv-01092-L-KSC
- Pending in the U.S. District Court for the District of New Jersey
- Heather Vargas v. Petco Animal Supplies Inc., et al., Case No. 3:17-cv-02320
- Pending in the U.S. District Court for the District of Colorado
- Robert Wagner v. Petco Animal Supplies Inc., et al., Case No. 1:17-cv-00133-PAB-MJW
Former Petco Assistant Managers filed a collective class action lawsuit against the popular pet supply chain, claiming they were not paid overtime for hours worked over 40 in a workweek. Originated by Plaintiff Erik Kellgren, a former Petco Assistant Manager, in March 2013, the complaint states that Petco violated various state employment laws in Colorado, Illinois, Massachusetts, New Jersey, New York, Oreon, and Pennsylvania, as well as the Fair Labor Standards Act (FLSA). Specifically, Kellgren says he was denied overtime pay because Petco reportedly misclassfied as being exempt from overtime pay.
Since Kellgren filed his class action lawsuit, nearly 475 former Petco Assistant Managers filed consent to join the suit.
Petco denies these allegations and asserts that its pay practices for Assistant Managers complied with all legal requirements. Without admitting liability, Petco has agreed to settle claims to avoid further litigation.
The court preliminarily approved the $8 million Petco Assistant Manager Unpaid Overtime class action settlement on Sept. 27, 2017.
Class members who wish to submit a claim must do so by Jan. 16, 2018.
Class members who wish to exclude themselves or opt out from the settlement must notify the Settlement Administrator in writing and postmarked no later than Dec. 11, 2017 (class members cannot submit an exclusion over the phone or via the petco-am-settlement.com website).
- 1/16/18: Claim form deadline
- 12/11/17: Opt out or exclusion deadline
- 12/11/17: Objection deadline
- 2/12/18: Settlement approval hearing at 11:00 a.m. PST (class members do not need to attend this hearing in order to receive a slice of the settlement pie
- Mail: Petco AM Settlement, c/o JND Legal Administration, PO Box 7028, Broomfield, CO 80021
- Phone: 1-844-853-3456
- Email: PetcoAMSettlement@jndla.com
- David A. Roth, Marc Hepworth, Charles Gershbaum, and Rebecca S. Predovan of Hepworth Gershbaum & Roth PLLC
- Seth R. Lesser, Fran L. Rudich, Michael Reed, and Christopher Timmel of Klafter Olsen & Lesser LLP