A California state judge gave tentative approval to a class action settlement that attempted to resolve claims that Abercrombie & Fitch Co. violated employment laws by failing to provide employee rest breaks.
Los Angeles Superior Court Judge Kenneth Freeman called the proposed settlement fair and reasonable and said it was in the best interest in the class. He issued a tentative ruling in writing after hearing from both parties and an objector.
Though it is only tentative at this point, Judge Freeman did state that the strength of the lead plaintiff’s wage and hour case, the settlement amount, the discovery, proceedings, experience of class counsel and the reactions of the general class members to the settlement “weighs in favor of final approval.”
Judge Freeman said he also considered what might happen if the case went to trial, which included the risk of decertification of the class.
“Had this case not settled, there would have been additional risks and expenses associated with continuing to litigate,” the judge declared.
The lawsuit was initially filed by plaintiff Jessica A., an employee at Abercrombie & Fitch. Over the last few years, the lawsuit has gone through several amendments with the most recent version filed in March of this year.
The lead plaintiff was then changed to Jason P. after Jessica allegedly ceased communication with class counsel, according to the judge. Additional Abercrombie store brands Gilly Hicks LLC and J.M. Hollister LLC were also added as defendants in the lawsuit.
The main claim in the lawsuit alleged that Abercrombie violated California employment laws when it failed to provide its employees with rest periods. Jessica A. stated that the rest period policy that Abercrombie followed until April 2013 was not in line with California employment laws.
The proposed Abercrombie & Fitch settlement will include $2 million in total. One third, or $666,666 will be used for attorneys’ fees, according to court documents. The remaining $1.2 million or so after other fees and costs are deducted will be divided among the settlement class.
Approximately 34,000 class members are eligible for the settlement, which will make the settlement award amount for each class member about $34.90.
As for the attorneys’ fees, Judge Freeman felt the amount was warranted.
“The issues in this case were not particularly novel, but class counsel displayed some skill in quickly resolving this litigation,” the judge stated. “Further, class counsel accepted this case on a contingent fee basis, and the percentage is within the realm of what is normal in wage and hour cases.”
The Abercrombie California Wage and Hour Class Action Lawsuit is Jessica A. v. Abercrombie & Fitch, Case No. BC49928, in the Superior Court of the State of California, County of Los Angeles.
California Wage and Hour Employment Laws
Under California law, employers must comply with state law to ensure they are properly treating employees.
The Department of Industrial Relations maintains the current wage and hour laws for California.
The wage and hour laws outline the minimum wage, overtime eligibility and pay rate, lunch and rest break laws, when employees must be paid, how tips are handled, what counts as time worked, what things your employer must pay for and more.
If you feel your California employer has violated wage and hour employment laws, you can consult with an attorney who will review your case for free and help you understand your legal options.
Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation
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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