Abercrombie Hit With Unpaid Overtime Class Action Lawsuit

Abercrombie & Fitch Trading Co. was hit with an unpaid overtime class action lawsuit alleging the popular clothing retailer misclassified sales and stockroom employees as overtime wage exempt, even though these associates allegedly work over 40 hours during any given work week.

In response to this unpaid overtime class action lawsuit, Abercrombie & Fitch requested to remove the case to federal court, saying the Abercrombie class action lawsuit fell under federal rather than state jurisdiction because the plaintiff’s claims of failure to pay wages and keep wage/hour records must be under the Fair Labor Standards Act. Additionally, Abercrombie pointed out that because the unpaid overtime class action lawsuit is seeking compensation over $5 million, it meets the requirements for removal under the Class Action Fairness Act.

This unpaid overtime class action lawsuit was originally filed in San Francisco court on July 30, and was removed to California federal court in mid-October. According to the Abercrombie class action lawsuit, A&F and Hollister employees work overtime hours often and are also allegedly scheduled for “call-in” shifts, that is an employee is responsible for calling the store an hour before a given shift begins to see if the store needs them to work during that time.

Abercrombie employees are required to keep these hours open, but they will not be compensated for these hours if the A&F or Hollister store does not need them during that work shift.

Plaintiff Samantha Jones filed this Abercrombie unpaid overtime class action lawsuit. She worked at A&F and Hollister retail stores from 2005 to January 2013 as a brand representative, sales floor associate, impact team member, and eventually made her way to a managerial position. Jones alleges that during her employment at A&F and Hollister she was classified as an nonexempt employee, which meant she was paid an hourly wage and was entitled to receive overtime pay.

However, Jones claims in her overtime class action lawsuit that Abercrombie has a “uniform policy and practice” of refusing to compensate employees for all hours worked. Additionally, she alleges Abercrombie neglected to accurately record and pay Jones and other Class Members for regular hours, overtime hours, and on-call hours.

The Abercrombie Unpaid Overtime Class Action Lawsuit is Jones v. Abercrombie & Fitch Trading Company, Case No. 3:14-cv-04631, in the U.S. District Court for the Northern District of California.

Fair Labor Standards and California Labor Laws

The Fair Labor Standards Act (FLSA) is a set of federal laws established to ensure employees received fair wages and were properly and fully compensated for hours worked. The laws also protect workers from potential danger, exploitation, and abuse by their employers.

According to the U.S. Department of Labor, “Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.”

This is just one of several FLSA violation claims Jones has made against Abercrombie & Fitch.

Abercrombie & Fitch is not the only business facing lawsuits for alleged labor code violations for refused meal and rest breaks, wage and hour concerns, or unpaid overtime violations. Within the last couple of years, many California employees have filed unpaid overtime, wage and hour class action lawsuits against employers who alleged violated federal and state labor laws.

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If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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