A Morrison Cohen legal team advised the American arm of Italian luxury fashion brand Valentino in its victory last week against a group of former workers who had been seeking class certification for a wage and hour lawsuit.

Southern District of New York Judge Jessica Clarke ruled that the plaintiffs failed to satisfy several requirements for class certification but that they may still pursue their claims against Valentino USA in individual lawsuits. The denial of class certification significantly reduces the potential scope of liability for Valentino.

In December 2019, plaintiffs Zion Brereton, Andreya Crawford, James Choi and Rogelio Benitez filed suit against Valentino in the US District Court for the Southern District of New York alleging that the company had engaged in systemic violations of the Fair Labor Standards Act and New York Labor Law, including the misclassification of employees as “exempt” or as “independent contractors” to avoid paying overtime wages. The plaintiffs sought monetary damages as well as class certification.

Keith Markel, co-chair of Morrison Cohen’s labour and employment and luxury brands group, who is representing Valentino, commented: “This is a significant decision not just for Valentino but for the entire luxury retail industry, as it highlights the importance of having robust compensation policies and remaining compliant with changing wage and hour laws. Because Valentino had done both, it achieved a favourable outcome from the court. It’s a valuable outcome for the entire luxury brands industry.”

In addition to Markel, the Morrison Cohen legal team representing Valentino includes partners Fred Perkins, John B. Fulfree and Jeffrey Englander, counsel Alana R. Mildner Smolow and associates Cassandra Branch and Kayla West.

Bell Law Group and Joseph & Norinsberg are representing the plaintiffs.