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$2 Million Settlement Against Abercrombie & Fitch

January 13, 2006
Market Wire

LOS ANGELES--More than 250 managers who worked for Abercrombie & Fitch stores across California between July 10, 1998, and April 30, 2004, will share in a $2 million settlement approved yesterday by Los Angeles Superior Court Judge Kenneth R. Freeman.  The case was filed in July 2002, and the class was certified on September 14, 2004.

“We are pleased to have obtained such a substantial settlement for our class members,” said John N. Quisenberry of The Quisenberry Law Firm, which represents the plaintiff class.  “During these days of tort reform, you often hear complaints about class action lawsuits.  The tort reformers argue that class members don’t get enough money to compensate them for their damages.  But in this case, class members will be paid for each week that they worked as an Abercrombie & Fitch Store Manager during the claim period.  For some, this could add up to thousands, even tens of thousands of dollars.”

The complaint charged that Abercrombie improperly classified its Store Managers as exempt to avoid paying overtime, even though their duties entitle them to overtime pay.   “For many of these managers, this was their first job.  Some didn’t know they were entitled to overtime and others were too afraid of losing their first job to speak up.  Abercrombie took advantage and made its managers do the same job as hourly sales clerks who are paid overtime.  But the managers received no extra compensation although they worked well over 8 hours a day and 40 hours a week,” stated Robert J. Drexler, a Senior Associate with The Quisenberry Law Firm.  “As a plaintiff’s attorney, it’s a great feeling to help a group of people get paid for the long hours they worked for their employer.”

The Quisenberry Law Firm has settled a number of similar lawsuits for overtime compensation against corporate employers such as Big Lots, Coca Cola, Seven Up, Bed, Bath & Beyond and others.  They are currently prosecuting class actions for overtime against Wal-Mart, Ikea, Claim Jumper and other large corporations.