Retailers Sued Over Employee Dress Codes

Gap Inc. and Abercrombie & Fitch Co. were accused of violating California labor laws by allegedly pressuring thousands of store employees to buy and wear on the job the brands they sell, according to two lawsuits filed in San Francisco Superior Court.

If successful, the lawsuits could force the companies to foot the bill for employee clothing or change their policies on worker clothing.

State labor law says companies must provide required uniforms for free.Uniforms include clothing of a specific design or brand.

Both suits were filed Tuesday. Polo Ralph Lauren Corp. was named in a similar federal suit in September.

A spokeswoman for Gap, which also owns Banana Republic and Old Navy and has 500 stores in the state, said the company does not consider workers’ clothing a uniform. Nor does it require employees to buy Gap clothes.

However, the company does ask its workers to wear Gap clothes or noncompany outfits that are “Gap-like” in appearance, such as khaki pants and polo shirts.

“When a customer comes in a store, everything should feel Gap, including the employees,” spokeswoman Stacy MacLean said. “As a fashion company, employees’ professional attitude and mode of dress is an important part of customer service.”

The clothing policy also applies to Banana Republic. Old Navy gives workers a shirt to wear.

MacLean said she couldn’t comment on the lawsuit.

The suit, which represents current and former Gap workers, seeks to recover what those workers allegedly spent to buy Gap clothes for the job.

Executives of Ohio-based Abercrombie & Fitch, which had $1.4 billion in sales last year and has about 50 California stores, were not available for comment.

San Francisco-based Gap, which reported $14 billion in sales last year, is emerging from a two-year slump and has returned to selling more basic clothing such as denim jackets and jeans after its trendy styles turned some customers away.

Bloomberg News was used in compiling this report.