Last year, Petco manual workers filed a class action lawsuit against the pet supplies retailer seeking compensation in the Eastern District of New York for underpayments caused by the late payment of wages. Petco allegedly failed to compensate its similarly situated hourly guest experience specialists, sales associates, dog trainers, and other similar manual labor positions on a weekly basis as required by the New York Labor Law (“NYLL”). Instead, these manual workers were paid on a bi-weekly basis even though they spent more than twenty-five percent of their shift time completing physical tasks. The Judge in this matter has just ruled in favor of these workers, allowing the case to move forward.
Petco’s most recent motion attempted to appeal the denial of their attempt to dismiss the workers claims under the NYLL, arguing that there was no private right of action for these delayed wage payments, and that the workers were not injured by having their payments delayed. The Judge, however, denied this motion, citing multiple cases which show that workers have a private right of action to bring these claims, and that workers are injured when their wage payments are unlawfully delayed. The order The case will now proceed to the discovery stage.
States, such as New York, require all manual workers, like those in the retail industry, be paid weekly as opposed to bi-weekly. If you think you are not getting paid in accordance to the law, call us at (212)300-0375 for a free and confidential consultation today. Feel free to view our website here for additional helpful information regarding your employment rights.
You can also view the order here.