62,000 Abercrombie & Fitch Workers Win Class Certification in Look Policy Case

In July 2015, a federal court in Los Angeles certified a class of roughly 62,000 current and former Abercrombie & Fitch employees, allowing their claims over the company’s dress code to move forward together.

The Case

Workers at Abercrombie & Fitch stores said the company’s “Look Policy” required them to wear its clothing on the job and buy new pieces as the style guide changed. That cost came out of their own pockets. Aiman-Smith & Marcy represented the workers.

The Decision

On July 16, 2015, Judge Jesus G. Bernal of the U.S. District Court for the Central District of California granted class certification, approving four subclasses of employees.

What Came Next

The case was later transferred to federal court in Ohio. In January 2018, Abercrombie agreed to pay $25 million to resolve this case and a related ASM case, covering about 258,000 workers in four states.

Why It Matters

When a company requires employees to wear its products, the cost of that “uniform” belongs to the employer, not the worker.

Did your employer make you buy clothes for work? Contact Aiman-Smith & Marcy for a free consultation at (510) 760-7005.

Source: Brown v. Abercrombie & Fitch Co., No. 2:14cv01242 (C.D. Cal.), U.S. District Court for the Central District of California, class certification order July 16, 2015.

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