Abercrombie & Fitch 2010 Annual Report Download - page 29
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Table of Contents
Orange County, California. He sought to allege, on behalf of himself and a putative class of past and present employees in the period
beginning on December 19, 2003, claims for failure to provide meal breaks, for waiting time penalties, for failure to keep accurate
employment records, and for unfair business practices. By successive amendments, plaintiff added 10 additional plaintiffs and
additional claims seeking injunctive relief, unpaid wages, penalties, interest, and attorney's fees and costs. Defendants have denied the
material allegations of plaintiffs' complaints throughout the litigation and have asserted numerous affirmative defenses. On July 23,
2010, plaintiffs moved for class certification in the action. On December 9, 2010, after briefing and argument, the trial court granted in
part, and denied in part, plaintiffs' motion, certifying sub-classes to pursue meal break claims, meal premium pay claims, work related
travel claims, travel expense claims, termination pay claims, reporting time claims, bag check claims, pay record claims, and
minimum wage claims. The parties are continuing to litigate questions relating to the Court's certification order and to the merits of
plaintiffs' claims.
The Company intends to defend the aforesaid pending matters vigorously, as appropriate. The Company is unable to quantify the
potential exposure of the aforesaid pending matters. However, the Company's assessment of the current exposure could change in the
event of the discovery of additional facts with respect to legal matters pending against the Company or determinations by judges,
juries, administrative agencies or other finders of fact that are not in accordance with the Company's evaluation of the claims.
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