LAWSUITS NEWS & LEGAL INFORMATION
$25M Settlement Reached in Abercrombie & Fitch Employment Class Action Lawsuit
This is a settlement for the Employment lawsuit.
Los Angeles, CA: A $25 million settlement has been reached in two employment class actions pending against clothing retailer Abercrombie & Fitch Co. The lawsuits were brought by nearly a quarter of a million hourly workers in California, Florida, New York and Massachusetts who alleged they were forced to buy the clothes they were being paid to sell.
According to court documents, the workers alleged that Abercrombie coerces its employees into buying the brand's clothes to wear at work and that the employees are not reimbursed by the company for the cost of those clothes, which reduces their minimum-wage earnings. The plaintiffs stated that they could prove they were forced to buy clothing with testimony about companywide phone calls and other practices that Abercrombie used.
According to the plaintiffs, Abercrombie required its employees to purchase items from its "AAA Style Guide" booklet containing pictures of specific articles of clothing from Abercrombie's current season.This, the complaints state, essentially constitutes a uniform.
One of the complaint’s amended statements reads "Employees are required to buy and wear the clothing pictured in this booklet." And, "Named plaintiff Alexander Brown was fired from Abercrombie after failing to purchase Abercrombie clothing from the AAA Style Guide and was rehired when he purchased such Abercrombie clothing."
Under the terms of the settlement, $16.7 million will be provided to settle claims from the class and collective members, with the remainder of the funds going to associated costs and fees.
The class includes roughly 176,000 proposed class members and 82,000 collective members under the Fair Labor Standards Act. It covers all non-exempt Abercrombie employees in New York, Florida, Massachusetts and California during a set of class periods that vary by state but begin in 2009 and cease when the proposed settlement wins preliminary approval, according to the settlement documentation.
The cases are Alma Bojorquez et al. v. Abercrombie & Fitch Co. et al., case number 2:16-cv-00551, and Alexander Brown et al. v. Abercrombie & Fitch Co. et al., case number 2:17-cv-01093, both in the U.S. District Court for the Southern District of Ohio.
Published on Jan-30-18
According to court documents, the workers alleged that Abercrombie coerces its employees into buying the brand's clothes to wear at work and that the employees are not reimbursed by the company for the cost of those clothes, which reduces their minimum-wage earnings. The plaintiffs stated that they could prove they were forced to buy clothing with testimony about companywide phone calls and other practices that Abercrombie used.
According to the plaintiffs, Abercrombie required its employees to purchase items from its "AAA Style Guide" booklet containing pictures of specific articles of clothing from Abercrombie's current season.This, the complaints state, essentially constitutes a uniform.
One of the complaint’s amended statements reads "Employees are required to buy and wear the clothing pictured in this booklet." And, "Named plaintiff Alexander Brown was fired from Abercrombie after failing to purchase Abercrombie clothing from the AAA Style Guide and was rehired when he purchased such Abercrombie clothing."
Under the terms of the settlement, $16.7 million will be provided to settle claims from the class and collective members, with the remainder of the funds going to associated costs and fees.
The class includes roughly 176,000 proposed class members and 82,000 collective members under the Fair Labor Standards Act. It covers all non-exempt Abercrombie employees in New York, Florida, Massachusetts and California during a set of class periods that vary by state but begin in 2009 and cease when the proposed settlement wins preliminary approval, according to the settlement documentation.
The cases are Alma Bojorquez et al. v. Abercrombie & Fitch Co. et al., case number 2:16-cv-00551, and Alexander Brown et al. v. Abercrombie & Fitch Co. et al., case number 2:17-cv-01093, both in the U.S. District Court for the Southern District of Ohio.
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READER COMMENTS
Ms. J. Costoso
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Elizabeth E.
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Ashley Jordan
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Be very careful if you work for an Abercrombie, folks. Maybe the company has changed, but when I was there it was run by managers with a clique-like mode to operating. They showed very clear favoritism, did not abide by state and local laws, and made sure each employee knew they were replaceable. Many there were kind, but just as many were getting away with things the company would have never tolerated had they known. My store was in a right-to-work state, and I was afraid that if I contacted Corporate or the State, that I would be penalized and possibly terminated.
Today I am a manager in a different retail company. I’ve learned from working for Abercrombie how to treat my employees with respect, appreciation, and consideration. My thoughts and sympathies are with everyone who’s ever suffered mistreatment working for A&F. And I hope one day amends will be made and justice will be found.
Jordan Cox
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Jack
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Delanie
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There was an employee discount every few months where your required uniforms were at 50% off any item of the store, with a limit of 10 items, but it only lasted about two weeks. Half the time. I would get paid a day or two after the sale was supposed to end, so in fear I would have to spend more later (the employee discount after this time frame was 20%) for the styles I needed for the new season anyway, I would spend money I shouldn’t of. I would feel the need to buy now. Most of the time, my entire check went into this sale, and even a huge chunk of my second job’s check, and I still couldn’t even get the full 10 items before the sale ended because I simply didn’t have enough.
Looking back now, I feel like I was manipulated in a way, their employee discount made me react and impulsively spend because I didn’t want to spend more on the same item because I waited a few days, and I would buy the pricer outfits so my coworkers would like me and I wanted to fit in, which never really happened, no matter what I wore or how much I tried to involve myself.
The first few months, I enjoyed working there. I always worked the opening shifts; however, I only received roughly 16 hours at least a week. Definitely not enough to compensate for what I had to wear. At first I didn’t mind chipping into my other jobs paycheck to afford the clothes because I thought eventually I would make up for that. That never turned out to be the case.after awhile it defeated the purpose on why I was working two jobs in the first place, I had student loans and working at A&F did not help make ends meet. It was basically like I was working for free at times.
After awhile, I never shook the feeling of being a black sheep amongst my colleagues. I was a decent worker, I was only 18/19, but I specifically remember certain opens where the other opener would sit on the counter playing on her phone while the manager was in the office and I was cleaning the store for the open. I would wipe down the mirrors, sweep, dust, etc and spend that hour preparing to present the store while the other girl was getting paid the same as me to do nothing. Then that same manager gave me the cold shoulder because I would wear my hair up and just have a t-shirt and jeans on (it was 8am, I can’t always look perfect) and favored the girl who didn’t help me open, she clearly had a better relationship with her. It didn’t matter that I was the one that did all the work, apparently I was supposed to focus more on my own personal looks than the their own business’s looks.
That’s when I realized job ethic didnt stand out the way it should, and all the managers cared about was some made-up image that doesn’t actually matter. That’s when I realized I didn’t care what superficial people like that think, and that’s why I’m completely not surprised the company is no longer thriving as a business.
I didn’t really think about this until the settlement was mailed to me, but I’m really thankful that justice is being served here. I didn’t by any means meet minimum wage, that statement alone is an understatement. Even if I got just a portion of what I spent on the uniforms back, I would feel like I could trust my government to do what’s morally just and have faith that big corporations with backwards values aren’t getting away with false enrichment.
Sean Muller
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The deadline is June 1, 2018, and I have called the phone # on the postcard but no one answers.
Mike Hunt
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Worked full-time as an Assistant Manager at a store in Southern Cali.
Definitely know there is a problem with this store, as I know the in's-and-out's of the hiring and recruiting process. No doubt we were HEAVILY influenced to buy their clothes. But not just that... buy their clothes whenever a new AAA catalogue came out, which was essentially every season.
Hundreds of Dollars had to be spend.
Will definitely be getting a piece or this pie whenever checks are issued...
Nadia
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Brittany
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Hollister was supposed to be laid back store, instead, it became a nightmare working with these kinds of people in Masscuttes.
Glad to see that more people are talking about this because this it is not right under any circumstances.
Destinee
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Form “A” was that the form with name and last 4 digits of social security?
As well as I paid for ALOTmore clothes then what the website had on my employee card
Rachel Ali
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Mirqueya medina
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Emily
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Jagger B
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Salvatore Sisco
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Morgan Gowdey
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I worked there in FL during high school.
Pauline Gould
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Anon
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Charles Atwell
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