Gap and Athleta face a proposed Washington class action over unpaid overtime and missed meal and rest breaks for hourly retail workers. Workers should preserve pay and time records and check docket status before filing, because the case has no settlement or payout yet. A proposed class action is a lawsuit filed for a group with shared claims.
According to Law360, the filing targets hourly employees covered by state overtime and break rules, not exempt managers, in the report on the Washington lawsuit. Gap Inc. lists Athleta as one of its four major brands alongside Old Navy, Gap and Banana Republic.
Official resources:
- Read the official guidance from Wa — Use this primary source to verify the official guidance.
- Read the official guidance from Wa — Use this primary source to verify the official guidance.
Table of Contents
- Who Is Covered?
- What Does Washington Require for Overtime?
- Which Breaks Are Required?
- What Should You Do Before Filing?
Who Is Covered?
The case centers on hourly retail workers in Washington. Law360 describes the group as hourly, typically non-exempt employees covered by state overtime and break rules. Exempt managers fall outside that group.
Job title or salaried pay alone does not make a worker exempt. Washington requires salary basis, duties and threshold pay, set at $1,541.70 per week in 2026, according to the state labor agency. Gap Inc. lists Athleta as one of its four major brands alongside Old Navy, Gap and Banana Republic.
What Does Washington Require for Overtime?
The Washington Department of Labor and Industries requires overtime at 1.5 times regular pay past 40 hours in a 7-day workweek. The state has no daily-overtime rule, as explained in the state overtime and exemptions guide.
A 42-hour week means two hours qualify for the premium rate. The claim focuses on whether Gap and Athleta paid that premium correctly for hourly shifts.
Which Breaks Are Required?
Washington requires a paid 10-minute rest period for each 4 hours worked. Workers cannot go more than 3 hours without one, according to the state labor agency.
Shifts over 5 hours also require a 30-minute meal period starting between hours 2 and 5, as detailed in the state meal and rest period rules. An 8-hour store shift would therefore normally include two paid rests plus one meal period.
What Should You Do Before Filing?
Workers can file a Washington Worker Rights complaint for overtime or missed breaks within 3 years of violation. Retaliation claims have a 180-day limit, and the state asks for pay stubs and timecards, as the state labor agency describes in the worker complaint filing guide.
This matter remains a proposed class action based on allegations. It is not a proven violation, certification, settlement or payout, so preserve records and check docket status before filing, according to Law360 reporting.
- Pull pay stubs for the full period you worked
- Copy schedules, timecards and shift-change messages
- Note dates, hours worked and breaks missed