PetSmart Violated Philadelphia Fair Workweek Law, Class Action Alleges

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A former PetSmart employee claims in a proposed class action that the company has failed to comply with Philadelphia’s Fair Workweek Law, an ordinance that requires employers to provide retail, hospitality and fast-food workers with predictable schedules.

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The 13-page case more specifically alleges that, in violation of city labor law, PetSmart failed to provide hourly employees proper advance notice of their schedules and pay certain penalties or obtain consent before changing their schedules with less than 14 days’ notice. In addition, the filing claims the company failed to offer available shifts to existing employees before hiring new ones.

The plaintiff, who worked at a Philadelphia PetSmart on Roosevelt Boulevard from June to November 2022, says the company never provided her or other hourly employees with a good faith estimate of their expected schedules after they were hired, as required by the Fair Workweek Law. PetSmart also regularly failed to provide workers with at least 14 days’ notice of their work schedules, the suit claims.

“There is growing recognition that unpredictable, unstable, and often insufficient work hours are a key problem facing many U.S. workers, particularly those in low-wage industries,” the complaint says. “Volatile hours not only mean volatile incomes but add to the strain working families face as they try to plan ahead for childcare or juggle schedules in order to take classes, hold down a second job, or pursue other career opportunities.”

Under the Fair Workweek Law, employers must secure an employee’s permission and offer them “predictability pay” before any changes can be made to their schedule with less than 14 days’ notice, the suit explains. However, the case contends that PetSmart routinely failed to fulfill either of these requirements before changing workers’ schedules last-minute. 

As a result of these alleged schedule changes, PetSmart employees were regularly required to work additional hours that were not originally part of their shifts, the filing charges.

Finally, the suit claims PetSmart failed to provide employees with written notice of available work hours and its policy for offering and distributing work shifts.

The lawsuit looks to represent any hourly employees who worked at a PetSmart store in Philadelphia during the relevant time period.

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