California Apparel News

Teen retailer Forever 21 said it plans to respond to allegations of unfair labor practices filed in a lawsuit by a workers’ advocacy group when its investigation in the matter is complete.

“The workers who brought this lawsuit are not now, nor were they ever, employed by Forever 21,” the company said in a statement issued last week. “The company intends to vigorously defend against the plaintiff’s claims.”

The suit, brought on by the Asian Pacific American Legal Center, names 19 garment workers who worked for six different contractors, alleging that the plaintiffs manufactured garments six days a week, often 12 hours a day, for less than minimum wage. The suit claims that they suffered injuries, including needle punctures; wrist, shoulder and back pain; and chronic headaches. It also states that the defendants lacked a valid garment registration license.

Forever 21, a Los Angeles-based company owned by husband-and-wife team Do Won and Jin Sook Chang, has up to 30 days to respond to the suit filed Sept. 6, according to Julie Su, an attorney for the legal center. The company, which has more than 90 stores nationwide and two stores in Japan, is projected to bring in $400 million in sales this year.

The suit is unusual in that it names a retailer, along with manufacturers, as the defendants, said Mark Brutzkus, an attorney representing manufacturer Los Angeles-based One Clothing, a defendant in the suit.

“There are questions that the case has merit,” Brutzkus said.

Brutzkus said One Clothing would settle its case with contractor Primula Inc. on behalf of five factory employees named in the suit. He wouldn’t release details of the settlement.

Su said that the retailer is part of the apparel chain under the Fair Labor Standards Act, which prohibits the shipment of “hot goods,” those made in violation of minimum wage and overtime laws.

“They shipped these goods, which makes them responsible,” Su said. “Once retailers stop demanding sweatshop labor, there will be change. The problem begins at the manufacturer and retail level. We hear from contractors who say they can’t operate legitimately because of downward price pressure exerted from the retailer.”

In its statement, Forever 21 counters that the workers, who weren’t able to receive “remuneration from their actual employershellip;chose instead to bring meritless claims against a company they believe to have greater financial resources.”

The suit seeks to stop the retailer’s practice of alleged violations of the state business code, as well as worker reimbursement for unpaid wages and compensation for retaliatory firings.

Meanwhile, members of the Garment Workers Center plan to visit college campuses in Southern California, including USC, UCLA and Occidental College, to alert students about working conditions in factories.

“We’re asking people to write letters to Forever 21 to encourage better pay,” said organizer Joann Lo. “We want the student support, but we’re not asking them to boycott stores.” —Nola Sarkisian-Miller