Abercrombie & Fitch August, 2015 “Teri Gerstein Labor Bureau Chief ice of the Attorney General 120 Broadvay [New York, NY. 10271 Dear Ms. Gerstein: {am writing to memorialize our discussions regarding Abercrombie & Fitchis commitment to discontinue the ute of cll shift scheduling in New Yark We acknowledge your April 10, 2015 lester concerning call-in shift scheduling, Abercrombie has been and continues to be strongly committed toa culture of compliance, and believes that it has a al times ‘ben complying with the lw relatingto call-in shit scheduling in New York snd throughout the United ‘Stale, and has systems in place to ensure compliance with all relevant regulations Nonetheless, we understand ad share ~the Attorney General's concerns about ealkin shift schedul “The Attomey Generals ltr helped fous our ongoing internal discussions about how to reat as stl and predictable a work environment as possible for our employees We are pleased to confirm that as result of those discussions Abercrombie has desided wo discontinue ‘heute of callin shift scheduling. The company’ lng term goal is to disoatine the use of eal in shits throughout the United States, and wo will bein that process in New York this September. ‘What this means ie tht Aberorombie’s hourly and sift workors will ot be required to hold their chedules open for shifts for which they may’or may not ultimately be asked to work. Instead, a week ‘roe to the Start oftheir workweek, employees will be provided with schedule tha iss al of the silts {that they are required to woek during the coming week. Abercrombie will eplaceealin scheduling with a new program for addressing unanticipated scheduling ‘needs, This new program will operate as follows: employees wil be asked if they want to receive email them when an Unexpected scheduling need arises. Those employees wio affirmatively opt to rccive suc alerts will eceive them when the company’s unanticipated scheduling need matches theit potential availabilty. Employees who choose to receive the alerts wil not have any obligation to accept ‘ny ofthe shfls offered via the alerts. As part ofits training and processes, Abercrombie will ensure that there is no retaliation against (and in ‘decisions about hiring will not disfavor): (1) employees who donot sign up foe the email alerts 2) ‘employees who signup forthe alerts and are unable or choose nat to aceept any ofthemal let and @) employees who are unable cr choose not fo work beyond the end af ther previousl) Scheduled work shift inorder to cover unanticipated scheduling needs mn of permit those Abercrombie will not equie any employee to opt to receive the ema ales asa cond “employment and, for emplayees who voluntarily choose to sign upto receive the emails, “employees to opt ou of receiving the email alerts at any time. Abercrombie anticipates fly transitioning to this new sift scheduling in New York by the end of 2018, ‘and will commonicate fully with employees about all aspects ofthis transition. By that same time, [Abcrrombie wil in ts New York store managers in ll aspects of the new program, inluding how to {se the alerts and the protibition aginst any retaliation as described above, Abererombie wll also instuet managers not to averschedle employees and then cancel shifts in order to compensate for no Tonger using "on cll shifts. \We appreciate the Attomey Genera interest in fostering and protecting stable and predictable work vironment, and ae pleased fo have worked cooperatively with your office as we devised our new program Sineoeely, (\gu— Robert E. Bostrom Senior Viee President, General Counsel and Seeretary