Gap employee class action lawsuit overview:
- Who: An hourly employee filed a class action lawsuit against Athleta LLC, The Gap Inc. and GPS Services Inc.
- Why: The plaintiff claims the companies denied hourly workers required rest and meal breaks and failed to pay all wages owed, including overtime.
- Where: The Gap employee class action lawsuit was filed in Washington state court.
- How to get help: If your employer failed to pay you properly, denied you overtime wages or misclassified you as an exempt employee or independent contractor, you may qualify to take legal action and seek compensation.
Gap and its subsidiary Athleta are facing a class action lawsuit alleging they denied hourly workers in Washington rest and meal breaks owed and failed to pay employees for all of their earned wages, including overtime.
An hourly employee filed the lawsuit on Oct. 13 against Gap and its subsidiaries Athleta and GPS Services. Gap Inc. owns the Gap, Old Navy, Banana Republic and Athleta brands, acquiring Athleta in 2008.
The hourly employee alleges the companies engaged in a common course of wage and hour abuse, including failing to provide breaks, pay minimum wages for all hours worked and pay overtime when employees worked more than 40 hours in a week.
The Gap employee class action lawsuit also claims the companies did not accrue or allow use of paid sick leave, required workers to cover employer expenses without reimbursement and failed to pay all wages due when employment ended.
“The plaintiff and class members are current and former hourly-paid or non-exempt employees of defendants who have been victimized by defendants’ unlawful compensation practices,” the lawsuit says.
The plaintiff wants to represent a class of all hourly-paid or non-exempt employees in Washington from three years before the complaint was filed until the case is resolved, along with a subclass of those who worked in Seattle.
Unpaid overtime lawsuit claims missed breaks pushed workweeks past 40 hours
The plaintiff claims the companies failed to provide a paid 10-minute rest break for every four hours of work and a 30-minute meal break for every five hours and did not pay extra for missed breaks.
“Each time an hourly-paid or non-exempt employee misses a rest break, defendants receive the benefit of 10 minutes worked without paying for the time worked,” the unpaid overtime class action lawsuit says. The plaintiff claims that missed break time pushed some workweeks past 40 hours without time-and-a-half pay, and that workers did not accrue sick leave for that time.
The unpaid overtime lawsuit asserts nine claims under Washington law and a Seattle wage theft ordinance, including failure to pay overtime wages.
The plaintiff seeks compensatory and exemplary damages, double damages for wages allegedly withheld willfully, interest, attorneys’ fees and costs.
Meanwhile, two former employees filed a class action lawsuit against Fifth Third Bancorp and Regions Bank, alleging the banks failed to pay call center workers for time spent logging into their computers.
Have you worked as an hourly employee at Gap or Athleta? Let us know in the comments.
The plaintiff is represented by Douglas Han, Shunt Tatavos-Gharajeh and Ryan Crist of Justice Law Corporation.
The Gap employee class action lawsuit is Case No. 26-2-33532-0 SEA, in the Superior Court of the State of Washington, County of King.
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