Kellgren, et al. v. Petco Animal Supplies, Inc., et al.
Petco AM Settlement
Case No. 3:13-cv-00644

Frequently Asked Questions

 

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  • Petco’s records indicate you worked as an Assistant Manager (outside the state of California) sometime during the periods identified in FAQ 2 "Who is included in the Settlement?"  You received a Notice because the Court preliminarily approved a Settlement Agreement agreed to by the Parties and because the Court authorized the mailing of the Notice to you.

    Former Petco Assistant Managers (“AMs”) sued Petco Animal Supplies, Inc., Petco Holdings, Inc., Petco Holdings, Inc. LLC, and Petco Animal Supplies Stores, Inc. (together “Petco”), alleging that they were not paid overtime for hours worked over 40 in a workweek.  The AMs claim that they are owed money under the federal Fair Labor Standards Act and/or the state laws of Colorado, Illinois, Massachusetts, New Jersey, New York, Oregon, and Pennsylvania.  Petco denies these allegations and asserts that its pay practices for AMs complied with all legal requirements.  Without admitting liability, Petco agreed to a settlement to avoid further litigation.

  • The Settlement includes people in the following “Settlement Class”:

    • Individuals who submitted consents to join in the Kellgren action and who, as of September 27, 2017 have not withdrawn their consent or had their claims in the Kellgren action dismissed;
    • Individuals who worked as AMs at Petco stores in Colorado from January 15, 2014 to June 18, 2016;  
    • Individuals who worked as AMs at Petco stores in Illinois from November 23, 2013 to June 18, 2016;  
    • Individuals who worked as AMs at Petco stores in Massachusetts from January 31, 2014 to June 18, 2016;
    • Individuals who worked as AMs at Petco stores in New Jersey from April 6, 2015 to June 18, 2016;
    • Individuals who worked as AMs at Petco stores in New York from April 14, 2010 to June 18, 2016;  
    • Individuals who worked as AMs at Petco stores in Oregon from October 21, 2014 to June 18, 2016; and  
    • Individuals who worked as AMs at Petco stores in Pennsylvania, from July 14, 2014 to June 18, 2016.
  • Petco will pay up to a total of $7,995,000.00 (the “Maximum Gross Settlement Amount”), including alleged unpaid wages, overtime compensation, liquidated damages, penalties, interest, counsel’s fees, costs and litigation expenses, the cost of settlement administration, any employer share of payroll taxes, incentive awards to the named Plaintiffs, and all other settlement-related payments and costs.

    If you submitted a Claim Form to the Settlement Administrator by January 16, 2018, you will receive a check that includes both Back Pay and Liquidated Damages.  The deadline to submit a Claim Form has now passed. The Back Pay amount will be subject to standard payroll deductions and you will receive an IRS Form W-2.  The Liquidated Damages amount will not be subject to standard payroll deductions, but you may owe taxes on this amount and will receive an IRS Form 1099-MISC.

    The total amount that each Class Member receives will be calculated based on the number of weeks worked during the relevant period under either the federal or state law governing your claim and is affected by how many total timely and valid Claim Forms are received. 

  • The Court has approved lawyers called “Class Counsel” to collectively represent you.  Class Counsel has pursued the case for the past four years on a contingency basis and have not received any payment of fees or any reimbursement of their out-of-pocket expenses related to the recovery on behalf of the Class.  As part of the Settlement, subject to Court approval, Class Counsel applied to the Court for expenses in the amount of $161,901.14, as well as legal fees in an amount of no more than $2,665,000, which is 33 1/3% of the Maximum Gross Settlement Amount.  

    Class Counsel also requested an incentive award of no more than $10,000 for Settlement Class Representatives Erik Kellgren, Maria Cote, James Hecker, Therese Kopchinski, Christine Lee, Deserie Michel, Heather Vargas, and Robert Wagner for their role in the case.  Attorneys’ fees, costs, expenses, and service payments will not be deducted from your estimated settlement payments.

    Class Counsel are:

    HEPWORTH GERSHBAUM & ROTH, PLLC
    David A. Roth, Esq.
    Marc Hepworth, Esq. 
    Charles Gershbaum, Esq. 
    Rebecca S. Predovan, Esq.
    192 Lexington Avenue, Suite 802
    New York, NY 10016
    Telephone: (212) 545-1199

    - and -

    KLAFTER OLSEN & LESSER LLP
    Seth R. Lesser, Esq. 
    Fran L. Rudich, Esq. 
    Michael Reed, Esq. 
    Christopher Timmel, Esq.
    Two International Drive, Suite 350
    Rye Brook, NY 10573
    Telephone: (914) 934-9200
  • You had four options with regards to this settlement.  You could have:

    (1)     Participated in the Settlement by returning a Claim Form; (the deadline to submit a Claim Form has passed.)

    (2)     Opted out of the Settlement and the case;

    (3)     Objected; or

    (4)     Do nothing.

    If you had previously returned a consent to join this action, and if you wish to participate in the Settlement and receive your share, you must have also returned a Claim Form.  If you had not previously returned a consent to join, you could have participated by returning a Claim Form. The deadline to submit a Claim Form has now passed. Details about how each option would affect your rights are detailed in FAQs 6-9.

  • To receive your share of the Settlement, you must have submitted the completed Claim Form by January 16, 2018.  The deadline to submit a Claim Form has now passed.  You must have submitted the completed Claim Form via email, fax, or mail to the Settlement Administrator at:
     

    Petco AM Settlement
    c/o JND Legal Administration
    P.O. Box 7028
    Broomfield, CO 80021

    PetcoAMSettlement@jndla.com
    Fax: 1-844-345-3011


    By submitting a timely, valid Claim Form, you will release the claims described in FAQ 13 "What claims are being released?"

    If you chose to participate, you could have contacted the Settlement Administrator before the claim filing deadline of January 16, 2018 to confirm your fully completed Claim Form was received.  You should keep the Settlement Administrator informed of any changes in your address until you have received your settlement checks and tax reporting forms.

    We strongly recommend that you keep a copy of the Claim Form and proof of how you returned your Claim Form for your records.

  • If you did not want to be part of this settlement, you must have submitted a written exclusion by First Class U.S. mail to the Settlement Administrator, postmarked by December 11, 2017. The deadline to opt out of the Settlement has now passed.  If you had previously filed a consent to join the lawsuit but do not wish to participate in the Settlement, you must submit a written exclusion to withdraw from the lawsuit.

    To be effective, the request for exclusion must have: (i) expressed your desire to be excluded from the Settlement, (ii) included your full name and current address, and (iii) be signed by you (the Settlement Class member requesting exclusion).  If you excluded yourself, you will not receive any monies from the Settlement.

    If you failed to include the required information, or if your request for exclusion was not timely, your request for exclusion will be deemed null, void, and ineffective.  You will remain a member of the Settlement Class, you will be bound by any final judgment, and you will not have any right to object or appeal any order related to the Settlement.  

    If you submitted a Claim Form and request for exclusion, the Claim Form will be considered and the request for exclusion will not, and you will remain a member of the Settlement Class and receive your share of the Settlement.

  • If you wanted to object to the Settlement, your written objection must have been submitted by First Class U.S. mail to the Settlement Administrator, postmarked by December 11, 2017. The deadline to object to the Settlement has now passed.

    To be effective, the objection must have included (i) your full name, (ii) current mailing address, (iii) email address, (iv) telephone number, (v) all grounds for the objection and all facts supporting the objection, and (vi) be signed by you (the objecting Settlement Class member).

    You must have also included whether you are represented by counsel, and if you are, the name and address of your counsel.  You must have also provided notice to the Settlement Administrator if you intended to appear at the Final Approval Hearing and whether you or your counsel was making an entry of appearance.  Any individual who did not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement.

    If you submitted a Claim Form, you did not lose the right to object, but you did not need to have submitted a Claim Form in order to object.  If you objected, and you failed to submit a timely and valid request to be excluded, you will be barred from bringing your own individual lawsuit asserting claims related to the matters released through this Settlement, and you will be bound by the final judgment and release and all Orders entered by the Court.  You may have, but need not, entered an appearance through counsel of your choice.  If you did, you will be responsible for your own attorneys’ fees, costs, and expenses.

  • If you did nothing and fail to timely submit a Claim Form, you will not receive any money from the Settlement.  You will release the state law claims described in FAQ 13 "What claims are being released?"

    If you did nothing, you would have had the ability to pursue your overtime claim under federal law if the deadline to file such a claim had not already expired.  However, if you did, you will not receive any money from the Settlement.

  • Settlement checks will be issued to Class Members who have timely submitted a fully completed Claim Form and have not excluded themselves from the Settlement.

    The Settlement will be binding on all members of the Settlement Class who do not timely and properly request exclusion.  This means that all Class Members who did not exclude themselves cannot bring their own lawsuits against Petco based on the claims described in FAQ 13 "What claims are being released?"  This includes, but is not limited to, claims for back pay, liquidated damages, penalties, interest, and attorneys’ fees, costs, and expenses.

    Individuals who timely submitted a fully completed Claim Form will also release their claims under the federal Fair Labor Standards Act.  This includes, but is not limited to, claims for back pay, liquidated damages, penalties, interest, costs, and attorneys’ fees, costs, and expenses.

  • If the Court did not approve the Settlement, the case will proceed as if no settlement has been attempted, and there can be no assurance that the Class will recover more than is provided for in this settlement, or indeed, anything.

  • A hearing was held before and approved by the Honorable Judge M. James Lorenz of the United States District Court for the Southern District of California on February 12, 2018 at 10:30 a.m. at 221 West Broadway, San Diego, CA 92101, Courtroom 5B.  

    The purpose of the hearing was for the Court to decide whether the Settlement is fair, reasonable, and adequate and should be approved and, to determine what amount of attorneys' fees, costs, and expenses, or incentive payments should be awarded.  

  • If you did not timely and validly exclude yourself from the Settlement, you will enter into the following release:

    You, including your heirs, agents, representatives, successors, assigns and estates, shall be deemed to have fully, finally and forever, irrevocably and unconditionally released, remised, and discharged Petco from any and all suits, actions, causes of action, claims, obligations, rights, liabilities or demands against Petco for wages, premium pay or wages, damages, penalties, liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs or any restitution or other equitable relief, whether known or unknown, asserted or unasserted, that are based on putative violations of state or local law (both statutory and common law) pertaining to hours of work or payment of wages, including overtime compensation, record-keeping requirements, and requirements governing the timing of payment of wages, while employed by Petco in the position of Assistant Manager, including without limitation all state and local claims that were asserted or could have been asserted in the Lawsuits, based on the allegations in them, regarding events that occurred or are alleged to have occurred from the beginning of time until June 18, 2016.

    This release specifically covers, but is not limited to, claims under the following statutes and regulations:

    • Colorado Wage Claim Act, C.R.S.A. § 8-4-101 et seq. and Colorado Minimum Wage Act, C.R.S.A. § 8-6-101 et seq.;
    • Illinois Minimum Wage Law, 820 ILCS §§ 105 et seq., 105/1, 105/4a, 105/12(a), 105/14(a), and Illinois Wage Payment and Correction Act, 820 ILCS § 115/1;
    • Mass. Gen. Laws ch. 149, §§ 148, 150 and ch. 151, §§ 1A et seq.;
    • New Jersey Wage & Hour Law, N.J.S.A. §§ 12:56-6.1, 34:11-4.2, 34:11-56a et seq.;
    • New York Labor Law §§ 160 et seq., 190 et seq., 191 et seq., 195 (3) & (4), 198, and 661 and 12 New York Codes, Rules & Regulations §§ 142-1 et seq.;
    • Oregon Revised Statutes §§ 652.150, et seq., 652.200, 653.055, 653.261 and Oregon Administrative Rules § 839-020-0030; and
    • Pennsylvania Minimum Wage Act, 43 P.S. §§ 333.101 et seq.

    Additionally, if you submitted a timely and valid Claim Form, you enter into the following release:

    You, including your heirs, agents, representatives, successors, assigns and estates, shall be deemed to have fully, finally and forever, irrevocably and unconditionally released, remised, and discharged Petco from any and all suits, actions, causes of action, claims, obligations, rights, liabilities or demands against Petco for claims for wages, penalties, liquidated damages, interest, attorneys’ fees, litigation costs or any restitution or other equitable relief, whether known or unknown, asserted or unasserted, that are based on putative violations of federal law pertaining to hours of work or payment of wages, including alleged failure to pay overtime compensation and keep and preserve records sufficient to determine wages and hours, while employed by Petco in the position of Assistant Manager, including without limitation all claims that were asserted or could have been asserted in Kellgren under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., regarding events that occurred or are alleged to have occurred from the beginning of time until June 18, 2016.

  • No.  Petco is encouraging all Settlement Class Members to participate in the Settlement.  Whether you are a current or former Petco employee who is eligible for this settlement, your decision as to whether or not to submit a Claim Form, Consent to Join, and Release will in no way affect your employment with Petco.  Petco is prohibited by law from taking any action against employees who participate in the Settlement, do not participate in the Settlement, or object to the Settlement.

  • You can continue to visit this website for updates, call the Settlement Administrator toll-free at 1-844-853-3456, submit a question under the "Email Us" section on the Contact Us page, or write to the Settlement Administrator at:
     

    Petco AM Settlement
    c/o JND Legal Administration
    P.O. Box 7028
    Broomfield, CO 80021
    PetcoAMSettlement@jndla.com

    NO INQUIRIES SHOULD BE DIRECTED TO THE COURT.

     

For More Information

Visit this website often to get the most up-to-date information.

Mail

Petco AM Settlement
c/o JND Legal Administration
P.O. Box 7028
Broomfield, CO 80021