ANN OTSUKA; JANIS KEEFE; CORRINE PHIPPS; and RENEE DAVIS; and on behalf of all others similarly situated,

Plaintiffs,

vs.

POLO RALPH LAUREN CORPORATION; POLO RETAIL, LLC; POLO RALPH LAUREN CORPORATION doing business as POLO RETAIL CORP; FASHIONS OUTLET OF AMERICA, INC.

Defendants

 

On May 29, 2006, we filed a class action employment lawsuit in San Francisco Superior Court against Polo Ralph Lauren Corporation and its affiliated companies (“Polo”) in California, on behalf of Polo employees in California.

poloclassactioncomplaint.pdf

The lawsuit alleges that Polo engaged in practices that violate California labor laws and California business laws, including the following:

Polo used fraud in its hiring process, promising wages and other benefits of employment to employees that are not fully paid or honored.

Polo detained employees in its stores after hours to conduct loss prevention searches.  Employees were required to remain in Polo’s stores after their work shifts are over, with the doors locked or alarmed, during which time they were not being paid.

Polo misclassified its employees as commissioned salespersons and failed to pay them premium overtime wages.

Polo used an illegal arrears program that took back wages that have been previously earned by employees.

Polo failed to permit employees to take rest breaks and used coercion to make certain employees are on the sales floor during their mandatory rest breaks.

Polo breached employment contracts with its employees regarding wages to be paid.

Polo failed to timely pay all wages due to employees who resigned or who were terminated.

Polo violated California’s Unfair Competition Laws by engaging in illegal conduct toward its employees.

The lawsuit seeks the payment of unpaid wages, including premium overtime wages, waiting time penalties and punitive damages.

On July 8, 2008, the Honorable Judge Susan Illston of the United States District Court for the Northern District of California granted Plaintiffs’ Motion for Class Certification in full.  Judge Illston’s Order certifying Plaintiffs’ claims can be viewed in PDF format below:

In an employment class action lawsuit, the Plaintiffs must demonstrate that many employees were affected in similar ways by the illegal conduct of the employer.  To carry this burden of proof, we ask that you will out the “My Experiences” form below.  Please make sure to include your full name, address and the best telephone number to reach you. 

My Experiences

Attorney Patrick R. Kitchin represents plaintiffs and the putative class in this lawsuit.
Additional information about Mr. Kitchin is available on his firms’ web site:

www.kitchinlegal.com