Abercrombie, Hollister Wage & Hour Class Action Settlement

Abercrombie & Fitch along with Hollister and Gilly Hicks have agreed to pay $2 million in order to settle a California wage and hour class action lawsuit.

Lead plaintiff Jessica Aparicio filed the Abercrombie class action lawsuit over allegations that the upscale casual clothing company did not provide employees rest breaks and failed to reimburse them for their missed breaks.

In addition, Aparicio claims that Abercrombie and Hollister did not pay workers final wages in a timely manner upon termination and further engaged in unfair business practices.

The Abercrombie and Hollister class action settlement will reimburse some 62,000 California employees for the wages owed to them unless they opt-out of the settlement agreement.

Those individuals who do not agree to the settlement terms can place a written request for exclusion to the Settlement Administrator before Dec. 28, 2015. The opt-out request must contain your full name, address, telephone number, Social Security number and must be personally signed by you.

According to California labor laws, employers must give 10-minute breaks to their employees for every four hours of work. If this rest break is missed, an employer must pay workers for one hour of pay at the regular hourly rate within a paycheck cycle.

CA break laws define a rest or meal break as meaning an employee is relieved of all duties for the designated amount of time. If this is not possible, a written agreement between employer and employee must be documented and the employee must be financially compensated.

By agreeing to the wage and hour class action settlement, Abercrombie does not admit any wrongdoing. However, based on the uncertainty and costs of further litigation, the company has agreed to the settlement agreement.

Who’s Eligible

Class Members of the Abercrombie and Hollister wage and hour settlement include all those who worked in a non-exempt position within the State of California for at least one shift of 3.5 hours or more in an Abercrombie & Fitch, Abercrombie, or Hollister store at any time from Feb. 26, 2012 to Sept. 30, 2014, or in a Gilly Hicks store between Jan. 16, 2009 through Sept. 30, 2014.

Potential Award

Varies.

The Abercrombie class action lawsuit settlement has divided potential awards into several different price allotments.

Class Members who did not work within the Class Period will receive one eligible shift. Class Members who are no longer employed by Abercrombie through Jan. 31, 2015, will be credited with three eligible shifts.

• Each eligible shift worked between 3.5 to 3.9 hours between Jan. 16, 2009 and Jan. 31, 2015 will be multiplied by 0.10%
• Each eligible shift worked between 6 and 7.9 hours, 10 to 11.9 hours, 14 to 15.9 hours, 18 and 19.9 hours, or 22 to 23.9 hours, from Jan. 16, 2009 through Apr. 8, 2013, will be multiplied by 1%.
• Each eligible shift between 6 and 7.9 hours, 10 to 11.9 hours, 14 to 15.9 hours, 18 and 19.9 hours, or 22 to 23.9 hours, from Apr. 9, 2013 through Oct. 31, 2013, will be multiplied by 0.5%.
• Each eligible shift between 6 and 7.9 hours, 10 to 11.9 hours, 14 to 15.9 hours, 18 and 19.9 hours, or 22 to 23.9 hours, from Nov. 1, 2013 through Jan. 31, 2015, will be multiplied by 0.10%.

Each Class Member will receive a portion of the settlement fund in an amount based on the calculated eligible shifts they worked during the Class Period.

Proof of Purchase

N/A

Class Members will automatically receive benefits from the Abercrombie and Hollister class action settlement unless they opt out by Dec. 28, 2015.

Exclusion Deadline

12/28/2015

Case Name

Aparicio, et al. v. Abercrombie & Fitch Stores Inc., et al., Case No BC499281, in the Superior Court of the State of California, County of Los Angeles

Final Hearing

03/15/2016

Settlement Website

www.AbercrombieSettlement.com

Claims Administrator

Abercrombie Settlement Administrator
C/O Rust Consulting, Inc. – 4815
PO Box 2396
Faribault, MN 55021-9096
866-245-7287

Class Counsel

Eric B. Kingsley
Liane Katzenstein Ly
KINGSLEY & KINGSLEY, APC

Defense Counsel

Mark A. Knueve
Natalie M. McLaughlin
VORYS SATER SEYMOUR AND PEASE LLP