SAN FRANCISCO - Clothing retailers Old Navy and The Gap face a class action lawsuit in the San Francisco County Superior Court for allegedly failing to reimburse necessary business expenses.
According to documents filed on March 15, the class is represented by plaintiff Anai Nunez, an employee of the Old Navy at the Downey Landing location. Nunez says that the defendants require employees to use their personal cell phones to respond to work texts and calls, as well as to download work-related applications for requesting time off and other work communication.
The lawsuit accuses Old Navy and The Gap of violating the Unfair Competition Law by not offering sufficient reimbursement to employees for the use of their personal cell phones.
The defendant is subject to civil penalties of $100 per initial violation per class member and $200 for each subsequent violation per class member. The class includes current and former employees of the defendants who have been employed by them within the last five years who have been required to use their personal cell phones for work.
The plaintiff is represented by King and Siegel LLP.