The lawsuit alleges hourly workers at the company' Abercrombie & Fitch and Hollister stores often work overtime hours and are scheduled for certain "call-in"shifts, during which the employees are required to call the store an hour before a shift begins to see if the stores need them to work. The employees must keep the call-in hours open but are not compensated if the stores don't need them to report for work.
Filed by lead plaintiff Samantha Jones, the complaint states she was employed by the national clothing retailer from December 2005 through to January 2014 in its namesake Hollister stores. She was employed as a brand representative, model, a term used to refer to hourly associates on the sales floor and impact team member, an hourly associate working in the back of the store and eventually was promoted to a manager position.
Jones alleges that she was classified as a non-exempt employee during the entire period of her employment with the defendant ; that she was paid on an hourly basis and entitled to overtime wage. However, the defendant has a "uniform policy and practice" of failing to compensate employees for all hours worked.
Jones further claims that Abercrombie failed to keep accurate records and pay Jones and the putative class members for their hours worked, including failing to record on-call hours and the overtime hours generated by the on-call shifts.
Specifically, the complaint states: "Defendants, as a matter of corporate policy, practice and procedure, intentionally, knowingly and systematically failed to compensate plaintiff and the class members for all hours worked (for on-call time), and undercompensated them for overtime worked that should have been paid at overtime rates had the on-call time been paid for."
The lawsuit seeks to represent a nationwide Fair Labor Standards Act class, a California class and a California subclass, composed of individuals who were classified as nonexempt, paid on an hourly basis and scheduled for call-in shifts.
The lead plaintiff is represented by Roger R. Carter and Bianca A. Sofonio of The Carter Law Firm, Scott B. Cooper of The Cooper Law Firm PC and Marc H. Phelps of The Phelps Law Group.
The suit is Jones v. Abercrombie & Fitch Trading Company, case number 3:14-cv-04631, in the U.S. District Court for the Northern District of California.