596 other People opt in Class Action Suite against Apple.

Discussion in 'Apple, Inc and Tech Industry' started by The Reverend, Jan 21, 2009.

  1. The Reverend macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #1
    To all old and new employees at Apple Computers.

    Soon the appeals court will be reviewing the Class Action against Apple Computers. The Case is called "Miles Maria VS Apple Computers" and it claims that Apple owes 597 people overtime for having the support agents power on computers and do other activities before they logged into the phone system that logged there time on the job. The suit also claims that this practice gave them an unfair business advantage which is against the law in CA.

    http://www.scribd.com/doc/12282453/Miles-Maria-VS-Apple-Class-Motion-for-Certification

    I do not know if anyone in any other state has filed a suite like this one. But I bet that all the things that are against the law they did here in CA are also against the law in other states as well.

    Here is some data I found online with google search using " Miles Maria VS Apple"

    07AS02124 MILES MARIA VS. APPLE, INC., ET AL.
    This matter is transferred to Department 53 for hearing on 8/13/2007

    07AS02124 MILES MARIA VS. APPLE, INC., ET AL.

    Defendant Apple, Inc.’s Demurrer to Plaintiff’s Complaint is sustained with leave to amend. Defendant Apple, Inc.’s Motion to Strike is GRANTED, with leave to amend. As plaintiff has included facts in opposition to the motion, that are not included in the complaint, and has offered to amend, the Court grants leave to file a First Amended

    Complaint addressing the issues raised in the demurrer and motion to strike.
    The amended pleading shall be filed and served not later than Thursday, August 23, 2007. The responsive pleading shall be due filed and served 10 calendar days thereafter (15 days if service is by mail). Although not required by California Rules of Court, or Local Rule, should the responsive pleading be a demurrer, moving party is requested to attach a courtesy copy of the amended complaint. This minute order is effective immediately. No formal order nor further notice is required, the tentative ruling providing sufficient notice.

    7AS02124 MILES MARIA VS. APPLE, INC., ET AL.
    Nature of Proceeding: Case Management Conference

    No appearance is required under the following conditions:
    The Case Management Conference is continued to 2/14/2008 at 8:30 a.m. in this department. New Case Management Statements shall be filed by all parties no later than 15 days prior to the hearing.
    Plaintiff's motion described in the Case Management Statement for Class Certification to be filed.

    07AS02124
    MILES MARIA VS. APPLE. INC.. ET AL.
    Nature of Proceeding:
    Motion for Class Certification
    This matter is continued to 5/20/2008 at 02:00PM in this department.

    07AS02124
    MILES MARIA VS. APPLE. INC.. ET AL.
    Nature of Proceeding:
    Motion for Class Certification

    Continued on the court’s own motion to Thursday, Sept. 4, 2008 at 2:00 p.m. in Dept. 53. If that date is inconvenient for counsel, counsel are instructed to stipulate to an alternative date and contact the Clerk in Dept. 53 regarding a further continuance.
     
  2. KingYaba macrumors 68040

    KingYaba

    Joined:
    Aug 7, 2005
    Location:
    Up the irons
    #2
    So you join the forum to post this? Apple frowns on employees who participate in sites like this.
     
  3. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #3
    Apple frowns on employees who participate

    Well of course they do.

    But this is America and we all have the right to free speech.

    If Apple thinks they can threaten people and deny them the right to speak their thoughts and beliefs. Then Apple should go to some other country that doesn't give the right to say your mind.

    I would suggest that current employees post without using their real names Since Apple is known to be an jerk and hold people back that do not conform to the Apple secret society wish's.

    Here a tiny bit for you all.

    When the Class Action Suit started, Apple had to change it's internal policies to have all computers power on and other login features before each agent was allowed to login to the system and start their time on the clock. This only happened AFTER the suit began. It wasn't like they could not have done that years before, but they didn't. This is true for all the Apple call centers across the world I would guess.
     
  4. Melrose macrumors 604

    Melrose

    Joined:
    Dec 12, 2007
    Location:
    Elsewhere
    #4
    Good call.. I think there should be a beginner's moratorium on starting negative posts, really. I'm not saying Apple as a company is clean as the driven snow, but...

    wasteland, tick tock..
     
  5. Dagless macrumors Core

    Dagless

    Joined:
    Jan 18, 2005
    Location:
    Fighting to stay in the EU
    #5
    You do, but that free speech will land you in trouble with a certain employer.
     
  6. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #6
    NOT negative.. Just true!

    Yeah, I here you man. This was my first post and it seems negative.

    But for the employees that it's may help and protect from abusive employers. Well, it's a good thing for them.

    This is not trash talk..

    This is fact.

    Somehow someone needs to stand up and watch out for the little people. If standing up for your rights and the rights of others is negative, well then so be it.

    I don't want people to rant here. But i do wish people to share their thoughts on this subject. Apple has made a lot of cash of using it's employees above and beyond the call to duty. Yeah sure it's done by a lot of companies, but that doesn't make it right.
     
  7. PlaceofDis macrumors Core

    Joined:
    Jan 6, 2004
    #7
    not when part of your agreement to working for them is that you agree to not post on these sites. you know being a contract and all...

    that said... this Class Action Suit (not Suite) seems a bit frivolous to me.
     
  8. nick9191 macrumors 68040

    Joined:
    Feb 17, 2008
    Location:
    Britain
    #8
    Probably best to get the name right, Apple changed their name in 2007 to Apple Inc. And even before that they were called Apple Computer Inc. Not Apple Computers.

    Oh and good luck on the case.
     
  9. decksnap macrumors 68040

    decksnap

    Joined:
    Apr 11, 2003
    #9
    They're actually running with this same case at a lot of companies. I think it's a little nit-picky if you ask me, but have fun. Maybe some day you'll get your check for $3.47 in the mail
     
  10. Sun Baked macrumors G5

    Sun Baked

    Joined:
    May 19, 2002
    #10
    One thing I cannot understand is how you can expect to log into the timeclock before the computer is booted, log into the machine, and go to the time clock section to present yourself for work.

    Most people can say the same thing, damn McDonald's for requiring me to shower/shave, drive to work, and be in uniform before you can officially clock in.

    Sure a timeclock is nice, but when they make it available at each workstation it saves the walking time.
     
  11. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #11
    Yeah Yeah... Apple Inc, whatever..but NO not a bit frivolous to me.

    So frivolous would be 1 or 2 people, maybe even 5-10 people. BUT come on now, 597 people are in this case.


    And lets say that each of them should get.... ooohh 1000$ in back pay.

    Thats $597,000 that it owes it's people.

    That is not to mention that the case claims that Apple broke CA state laws.

    So, they owe their people money, they used their people to get an business advantage on the competition and on top of that they were able to do it for years and years. The case is rumor to go back 4 years starting in 2006. Thats a far as the law allows, but you know it had to go on so much longer and that every single call center they had is the USA and overseas.
     
  12. Cabbit macrumors 68020

    Cabbit

    Joined:
    Jan 30, 2006
    Location:
    Scotland
    #12
    This is the type of case that makes me laugh, i know of no person close to me that would lower them selfs to this level.
    If you don't like your employer the simple solution is to leave. I did not sue my last employer for a 5 minute break on a 8 hour shift, i left the job and moved on.
     
  13. cantthinkofone macrumors 65816

    cantthinkofone

    Joined:
    Jul 25, 2004
    Location:
    Missouri, USA
    #13
    Man i hope for your sake you aren't posting this at work lol.

    You'll be in trouble if they find out your talking about a on ago court case. Usually not a good idea. Less people that know the better.
     
  14. dejo Moderator

    dejo

    Staff Member

    Joined:
    Sep 2, 2004
    Location:
    The Centennial State
    #14
    MILES MARIA? Who's that? Doesn't this lawsuit name ANGELY MARIA and TODD NARSON as plaintiffs? I'd get your facts straight before asking for support on these forums.
     
  15. Sun Baked macrumors G5

    Sun Baked

    Joined:
    May 19, 2002
    #15
    In CA, they must pay overtime after 8 hours, so they are making that 5-10 minutes a 7.5-15 minutes of pay issue -- especially if the computer automatically logs you out and tells you your shift is over at 8 hours on the dot.
     
  16. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #16
    move on and be ripped off.

    This thought that it's OK to give ANY employer free time or quit your job is just wrong.

    Yeah well thats what al these types of companies want you do. Either give in to there demand that are against the law or leave. Thats just messed up.

    Apple agents are held accountable to every calls length to the second. Each employee is rated by how long each call is. So your saying that Apple can using every seconds of time on the job against it's employees , but the employees have no right to ask for fair treatment and fair pay for every second they are required to work.

    Work for NO pay....... is slavery at the worst and against the law at the least.

    Apple honestly has no reason why they had any employee ever have to power on a computer. Since all Mac's can be scheduled to power on and whatever time you tell them to.

    Anyone that believe that you should have to givetheir employer any free time at all, should go talk to their state Fair Housing and Labor Board and get them t repeat the laws, so they truely understand the nature of them.
     
  17. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #17
    wrong case



    keep looking, you found the wrong case,
     
  18. Shaun.P macrumors 68000

    Shaun.P

    Joined:
    Jul 14, 2003
    Location:
    Omicron Persei 8
    #18
    I agree that this lawsuit is frivolous.

    I have to be in work, on the shop floor 10 minutes before I start to get a sales brief every morning, and it's not something I, or anyone else gets paid for. This is in the UK, however.


    You have a right to free speech, yes. But if you work for Apple you will have signed a non-disclosure agreement prohibiting you visiting websites like this.

    I find the term, "slavery" a bit exaggerated. You almost make it sound like they lashed you with whips!
     
  19. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #19
    Other counties.. it could be.


    Well.. if you are on commission or have an agreement or your on salary, all that you said about giving a free 10 minutes could be correct for the UK. I would still check my labor laws there.

    And frivolous, no... not when it's for 597 people. Come on now you all.

    It's 597 people that were affected and should be compensated for the work they did.

    I wish you all would read all that i posted and not just some.
     
  20. iPhil macrumors 68040

    iPhil

    #20


    Non of 597 people in the Class-Action suit will not ever see that $1K in backpay.. Lawyers/Courts will get their money first then the 597 people will get the scraps of left of the money if Apple loses... Then it's likely $25.00 max amount.. :p



    I was part of a class action lawsuit last year and the Judgement was 8x times bigger roughly .. and projected settlement amount for each plattiff was $25.00... So I decided it wasn't worth my time...
     
  21. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #21
    Non-disclosure agreements

    Ha... a non-disclosure agreement.

    I know that, but that is not what we are talking about.

    Apple goes through a lot of trouble to keep their people held down.

    I do understand that they have the right to protect their products and that non-disclosure agreement is that that reason.

    At what point does this non-disclosure agreement become a breach of the law for free speech tho?

    Those non-disclosure agreements are only for Apples benefit, and do nothing for the employees rights.

    I say..BAAAA.. to non-disclosure agreements.. as long as you have to cover up a breach of the Law. No one should have to sign something that could cause them to become a not report an employer that is breaking the law.:eek:
     
  22. Melrose macrumors 604

    Melrose

    Joined:
    Dec 12, 2007
    Location:
    Elsewhere
    #22
    If you sign a NDA upon becoming employed to a company, then you have a legal obligation to uphold the terms of that agreement - regardless of whether you don't like it or not. If you violate those terms, then you are rightfully subject to a backlash for your actions.

    If you don't like NDAs, don't sign them and don't work for the company. Simple. NDAs exist for the protection of intellectual property of the employer.

    It's a technology company. This is quite understandable when you have much to lose from your R&D.

    To the extent the signee agreed to the terms in the first place.
     
  23. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #23

    You are so wrong.. you don't know how it works i see.

    There are fines that Apple will have to pay. The IRS have get involved and so may the Fed's

    And the lawyers that are doing they case .. they get paid by the courts because it was a breach of the law.
     
  24. Shaun.P macrumors 68000

    Shaun.P

    Joined:
    Jul 14, 2003
    Location:
    Omicron Persei 8
    #24

    You signed the non-disclosure which means you agreed to its terms and conditions. Don't you think Apple might use this against you some how? (And believe me - they do monitor Rumor websites).

    It is not a breach of law for free speech. You signed an agreement waiving the right to visit / post on Mac rumor forums. You are able to report a problem with your experience working for Apple without posting about it on a Mac rumor website.

    Edit: Not to act negative against you. I do see where you're coming from. However when you are dealing with so short periods of times (and we're talking minutes here) it just seems a bit pointless. Why did you continue working for the company if you knew it was like this after day one?
     
  25. The Reverend thread starter macrumors member

    Joined:
    Jan 21, 2009
    Location:
    CA
    #25
    You are confused to what i was referring to.

    The breach of the law was for unfair business practice,and failure to pay over time. These are CA state Laws.

    Please read the beginning of the post.
     

Share This Page