The Law Office of Patrick R. Kitchin Announces That the United States District Court Today Granted Certification of an Employment Class Action Case Against Polo Ralph Lauren Corporation

SAN FRANCISCO--(BUSINESS WIRE)--Judge Susan Illston of the U.S. District Court for the Northern District of California today granted class certification to a California-wide employment lawsuit against Polo Ralph Lauren Corporation.

The certified class consists of more than 5,300 former Polo employees who worked as sales associates or cashiers in one of Polo’s California stores at any time since May 2002. Judge Illston also certified two subclasses of sales associates – those whom the representative plaintiffs contend Polo misclassified as exempt from premium overtime wage requirements, and those whose commission wages Polo debited when they did not meet sales targets.

Representative plaintiffs Janis Keefe, Corinne Phipps and Renee Davis contend Polo has under-compensated all class members through prolonged and widespread violations of several California labor laws.

The plaintiffs allege Polo routinely detained them and other employees within Polo stores after their shifts were over so managers could search them for stolen merchandise. They allege they were not paid for this off-the-clock time. Plaintiffs also allege Polo failed to provide them with rest breaks, failed to pay premium overtime wages, and failed to maintain accurate payroll records. Plaintiffs allege Polo also violated California law by misclassifying sales associates in Polo’s full price stores as exempt from premium overtime wages and, further, that Polo committed fraud by making false promises to them regarding their right to receive overtime wages.

While the District Court’s decision granting class certification does not specify a date for trial, Polo and plaintiffs previously indicated they would be ready for trial toward the end of 2008. Meanwhile, according to plaintiffs’ lead counsel Patrick Kitchin, the parties will attempt to resolve the case through court-ordered mediation.

“The certification of this broad class of Polo employees is an important milestone in the case and demonstrates the challenged labor practices are wide-spread at Polo’s stores throughout California,” Kitchin said.

Kitchin previously represented Polo employees in a separate class action case that settled for $1.5 million in 2007. In that case lead plaintiff Toni Young alleged Polo forced its California employees to purchase high-priced Polo clothing to wear as their uniform while at work. Shortly after that lawsuit was filed in 2002, Polo revoked its mandatory employee uniform policy. According to industry analysts, that lawsuit led to dramatic changes in the employee uniform policies of other retailers doing business in California.

Polo Ralph Lauren is one of the world’s leading fashion designers and retailers. It operates 28 stores throughout California, from its full price stores to its factory outlets. In its most recent fiscal year, the company reported gross profits of $2.3 billion.

Polo Ralph Lauren employees are urged to contact The Law Office of Patrick R. Kitchin by going to www.PoloClassAction.com or by calling 415-677-9058.