Judge Lets Banfield Overtime Suit Go to Trial
A federal judge in Washington state ruled that a former Banfield Pet Hospital employee's overtime and retaliation claims may proceed to a jury.
Updated on Nov. 6, 2026 in Human Resources
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A federal judge in Seattle ruled that former Banfield Pet Hospital employee Eros Lamb's claims that the company failed to pay him overtime and unlawfully fired him after he complained may proceed to a jury trial. The ruling was issued by Judge David G. Estudillo of the U.S. District Court for the Western District of Washington.
Why it matters
The decision means a jury will decide whether Banfield and Lamb shared a clear and mutual understanding that his weekly salary covered all hours worked under a fluctuating work week standard. The outcome could shape how employers classify salaried workers who do not receive separate overtime pay.
Lamb's weekly salary included 40 hours of regular pay, and his overtime claim turns on whether hours beyond that were compensated. The jury must still determine whether the salary arrangement was clearly and mutually understood by both parties.
The players
Banfield Pet Hospital
Banfield Pet Hospital is a national chain of veterinary hospitals, a defendant accused of failing to pay overtime and retaliating against a former employee.
Eros Lamb
Eros Lamb is a former senior hospital installation coordinator at Banfield whose overtime and retaliation claims will proceed to trial.
David G. Estudillo
David G. Estudillo is a federal judge of the U.S. District Court for the Western District of Washington who issued the ruling.
The details
Eros Lamb, a senior hospital installation coordinator at Banfield, alleges the company failed to pay him overtime and fired him after he complained. Judge David G. Estudillo ruled Thursday that the overtime and retaliation claims may proceed to trial rather than being dismissed.
Timeline
November 5, 2026: Federal judge rules the overtime and retaliation claims may proceed to a jury trial.
Legal Context
The case turns on the Fair Labor Standards Act's fluctuating work week method, which lets employers pay a fixed salary for varying hours only if the employee and employer clearly and mutually understood that salary covered all hours. Courts in the Ninth Circuit have repeatedly required that understanding to be proven before such defenses succeed.
Salaried workers in Washington whose employers use fixed weekly pay may be entitled to overtime if their pay arrangement was not clearly understood as covering all hours. Employees who believe they are owed overtime or were fired after complaining can raise those claims in court.
The takeaway
Employees paid a fixed salary should confirm whether it is meant to cover every hour worked, since that understanding determines whether overtime is owed. Keep records of hours and any complaints about pay, because those details can matter if a retaliation claim follows.
Further reading
For related workplace pay and employee-rights coverage, see Human Resources in the Washington section.
Source note: This article includes information reported by Bloomberglaw.
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