PetSmart seeks to remove overtime pay case to federal court

By Charmaine Little | May 21, 2018

FRESNO – A well-known pet supply company requested a removal of a suit filed by a former manager to federal court.

FRESNO – A well-known pet supply company requested a removal of a suit filed by a former manager to federal court.

PetSmart filed the request April 19.

PetSmart Inc. submitted its notice of removal to remove the suit from the Superior Court of the State of California in and for the County of Fresno to the U.S. District Court for the Eastern District of California.

Plaintiff William Milburn filed a class action against PetSmart in October 2016. The lawsuit stated PetSmart violated California Labor Code’s from overtime regulations to meal and rest break policies. The plaintiff said he was not paid for overtime hours worked or regular and minimum wages. He also claimed he was not given meal and rest break periods and that he was not provided with correct wage statements and records. He said he there were frequent instances in which he was not paid on time while he was employed and after he left the company.

He also alleged PetSmart executed unjust regulations via the California Business & Professions Code. Milburn added PetSmart did not provide suitable seating via the Private Attorneys General Act of 2004.

Milburn filed the claim against PetSmart for “[a]ll individuals classified as ‘exempt’ employees who worked for PetSmart” in California. The lawsuit also represented employees who served as PetsHotel managers who were employed in that position up to four years before the complaint.

The Fresno County Superior Court allowed Milburn a leave to submit a first amended complaint (FAC) to request relief via the Fair Labor Standards Act. The FAC requested all members of the class action to receive liquidated damages. 

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