Apple Facing Class Action Lawsuit From 20,000 Employees Over Alleged Labor Code Violations

5 hours is the letter of the law...

These claims sound ridiculous. I don't sympathize with Apple employees at all. I have worked at Target for a couple of years and let me tell you I prefer to have not taken my meal break if they just leave me alone and not yell at me for making sure my department was properly zoned at the end of the night. 5 hrs and no break? Sorry Apple sweeties but just about every restaurant I've worked at has forced their servers, bus boys, and cooks to work without a break until the very end of their shift. That's life. You should be privileged to be standing behind a desk and looked up to for advice by customers and only have to deal with one at a time. Try working for Target where during the holidays you have to pick up the phone, try to cash out customers, and not have their kids opening boxes or steal. Ugh, Apple employees and their first world probs.

so that's what's cited in the legal case.

And don't complain at me until you have churned through 48 technical support appointments in quick succession (sometimes more, sometimes simultaneously) all while being verbally abused by some tool who took their phone to the pool and has no clue why it's no longer functioning properly.

The people who go to work for Apple do so for the love of the company, and most leave burned out by the constant demand to remain at the top of their game. Boo-hoo: Target made you zone properly. You had to put away toys and clothes. Did you also have to deal with the level of duchebaggery that is the new Apple customer? The entitled prick who thinks that because he paid $100, he can belittle the trainer trying to teach him how to use a trackpad? Bitch, please. You have NO idea.

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As a doctor, you probably have certain benefits that make up for that. (such as compensation, or maybe you work less than 5 days per week, or maybe you get to make your own schedule, etc.)

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Sure because reactive action makes him the good guy.

Tim Cook, while a great CEO, cannot possibly fire all of the managers who are to blame for this. Trust me.

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The real crime is how they treat contract workers. These are people who work at Apple in Cupertino next to real Apple employees but with a different color Apple Logo badge. They are treated like FoxConn workers. They are not allowed to have vacations or days off. If they ask for a day off 3 months in advance they are told no. If they push it they are not team players and are fired.

So true! And they ship retail employees out to do work that should denote FAR more compensation, but they work for the same base pay they get in retail, and their store is not able to hire others to replace them so everyone else has to pick up the slack.

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That's an exaggeration. I've seen her a bag once when an employee left the store. It just involved looking in and took a few seconds top. It happened smack dab in the middle of the Apple store too.

Anyway, I was being sarcastic about lost wages, referring to fired employees for stealing which has happened.


Yes, but was she able to find a manager the second she clocked out? Or did she have to find them and then wait for 10 min while they dealt with an angry customer/were in a closed door meeting that could not POSSIBLY be interrupted?

My guess is that scenario 2 was/is far more common.

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Seriously, I've skipped countless lunches or worked through the ones I could. I haven't taken a "15 minute" break since my retail days. And the best part of it all, I work 24 hours a day, 365 days a year. Yup, salary folks and working for a global 24 hour operation company. You have to work when needed.

And your level of stress can be mediated by the flexibility afforded you by being able to choose when to go to the bathroom. You only have to fulfill a quota or finish a project... and you probably get paid a HELL of a lot more than a retail employee who is asked to use competencies that you rarely need to avail yourself of- dealing with verbally abusive customers on a daily basis, explaining your technical knowledge to someone who says "wee fee" and "giggle-bits" without laughing at them or even making them feel like they've done anything wrong.

Do you have a desk? The ability to go to the bathroom without permission from two people? The right to drink water whenever you feel like it? Yeah. Check your privilege.

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5 whole hours without a meal break???? Holly Jesus!! Doesn't get worse then that!!

Pusses!!

I'm glad that you were able to form a logical reasoned opinion based on a sound byte and yet still fully comprehend the working conditions of Apple's retail environment. ^_^

No... wait... you didn't.

But you were able to make people totally respect you for using a term for the female anatomy as a pejorative. Great job! </sarcasm>

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Five whole hours without a break? Poor babies. Those of us who routinely go 8+ without one really feel for them....

Doesn't mean others have to.

Also, that's the letter of the law. You're supposed to get breaks.

I have worked in kitchens, call centers, corporate headquarters, and in public service: NO where I have worked was as stressful, as demanding, or as draining as what Apple Retail employees go through everyday– with smiles on their faces and struggling not to let the person they are selling to/repairing for/teaching know that were just abused by the last person they talked to and can't go to the bathroom without the next customer's (and the manager's) permission.

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1) 5 hours without a meal break? Ooooooooh nooooooooo

2) 2011? Wasn't this during Browett's term, when all the cut backs were going on?

I'll ignore your inane comment.

Yes, many problems popped "during Browett's term," but it was really a downhill slide from the introduction of the iPhone and the rise in absolute douchebaggery. More customers who didn't know anything about the device they purchased being taken care of by the same amount of employees.

"Our stores are busier than ever..."

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You would think a company with 170 billion dollars in the bank and makes a butt load of money every quarter would pay and treat there employees very generous$$$


But I am in a less skilled job than Apple Retail and I make about $10,000/yr more and I get to take a Christmas vacation... also I don't have to participate in Black Friday or Tax-free holidays. I can buy online and never feel the guilt of stealing someone else's holiday.
 
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Ambulance chasing lawyers are going from retailer to retailer filing these in California. It's been going on for years. They will settle out of court, these employees will get $20 and the lawyers will walk alway with a new Bentley.

This is my problem with this lawsuit.

My first job was in a grocery store, and it did more to convince me to finish school than any lecture from my father. I needed the breaks to refuel, as much as anything. But some days (like just before major holidays), we were running flat out from open to close. I'm sure that Apple retail stores have those kind of days, but I doubt it is always that busy.

The employees are being exploited -- by these lawyers. Settlements come out of the bottom line, but the employees will only get a fraction of the amount. And then the lawyers will descend like vultures on the next victim.

The employees would do much better if they talked to their manager and worked out a solution on their own. If their manager is a butthead and won't budge, then it would be better for their health, career, and paycheck to move on.
 
Ungrateful. Apple at least gave them a job, in this economy.

Yes, because people who work for a company don't actually contribute to the company's success, they just collect money for doing nothing. This kind of attitude is why we've become a plutocracy.
 
I'm 63 years old. My father grew up in West VA. His father worked in the coal mines. There were no meal breaks, no safety standards, no vacation, no health insurance, no sick days. They were paid in company 'script' that was only good at the company store. They lives in company housing, the rent taken out of their company script.

I remember the stories about the strikes where the employees were insisting on safety standards, days off (they only got Sundays, Christmas and Thanksgiving), etc. Those of you who have never lived in times where corporations could treat their employees however they wanted have no idea how bad it can really be. Hey, I'm 63 and I only really know because of my father.

Read some real history about the labor movement in this country. Learn about exactly how corporations treated their employees as disposal in the name of profits. Then read how long and hard workers fought to get the laws on the books that prevent that kind of treatment. You have no idea what those before us went through. You have no idea how bad it can be without those laws. Educate yourselves before you cry foul. Each and every person working in the US has those workers who went before us and fought for those standards to thank for what we have.

I have no idea if Apple did violate the law. Not my call, that's for the jury to decide. But those of you who poo-poo this action need to understand where your current rights come from and why you actually have them. And most of all, that they can be taken away if workers don't fight for them. A 15 minute break doesn't sound like much. But take that away and next is lunch, after that it's vacation or Saturdays off. Next, who knows. Pay attention to your world. Your nice lifestyle is just an election away.

Sadly, it seems we're headed back in that direction. The plutocrats are doing their level best to destroy all unions and to instill a corporatist attitude in our culture and government (going by some of the comments here, it seems their efforts are working).
 
but how come at every genius bar, the Apple genius guy is always super duper happy to fix my I-could-have-just-Googled-the-solution problem?

forced to.

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these apply employees should be treated like people from foxconn and tell us what the labor is like...maybe they would jump off the building.
 
By reading many of the comments in this thread, it seems most people didn't even bother to read the complaint. I figured I'd help those people out.

1. This class action only covers Apple retail employees classified as "non-exempt" and not those that are classified as "exempt" by Apple. Apparently members here cannot read or don't know the difference between the classifications in California. Employees classified as "exempt" generally have less rights and wouldn't be covered by the same laws as "non-exempt" employees. Therefore, there are millions of employees in California where the much discussed meal break would be inapplicable. Here is a link that provides a basic explanation of the difference.

2. The original complaint was filed almost four years ago. This the is fourth amended complaint. Therefore, the lawyers representing the class have worked on this case during the past four years for free. Who knows how many court appearances, client meetings, and hours that adds up to? In the end, attorney fees must be reviewed and approved by the court; the general amount awarded is 25% of the common fund, give or take.

3. For those of you attacking the plaintiffs' lawyers, here are a few things you have forgotten. First, the work spent over this period in a class action lawsuit can be enormous. Second, the plaintiffs must approve any settlement offered by Apple. Third, Apple has some of the best in-house attorneys on the planet. Apple's general counsel, Bruce Sewell, was received $69 million in 2012 in compensation. You can argue that the attorney fees may be excessive, but remember the insane amount of money corporations pay just to their in-house counsel (corporations will also hire law firms for other legal needs) to protect them. Apple isn't handing these plaintiffs and lawyers money, they'll drag the **** out of this litigation until the plaintiffs will finally settle for the smallest amount possible.
 
2. The original complaint was filed almost four years ago. This the is fourth amended complaint. Therefore, the lawyers representing the class have worked on this case during the past four years for free. Who knows how many court appearances, client meetings, and hours that adds up to? In the end, attorney fees must be reviewed and approved by the court; the general amount awarded is 25% of the common fund, give or take.

How long does it take to look up the labor code and whether it applies to Apple Store Employees? And do you think these lawyers didn't work on other cases at the same time?
 
These claims sound ridiculous. I don't sympathize with Apple employees at all. I have worked at Target for a couple of years and let me tell you I prefer to have not taken my meal break if they just leave me alone and not yell at me for making sure my department was properly zoned at the end of the night. 5 hrs and no break? Sorry Apple sweeties but just about every restaurant I've worked at has forced their servers, bus boys, and cooks to work without a break until the very end of their shift. That's life. You should be privileged to be standing behind a desk and looked up to for advice by customers and only have to deal with one at a time. Try working for Target where during the holidays you have to pick up the phone, try to cash out customers, and not have their kids opening boxes or steal. Ugh, Apple employees and their first world probs.

Translation: "I have a terrible job, so nobody else is entitled to be treated humanely. Everyone should suffer."
 
Sadly, it seems we're headed back in that direction. The plutocrats are doing their level best to destroy all unions and to instill a corporatist attitude in our culture and government (going by some of the comments here, it seems their efforts are working).

Amen. Far too many average people actively cheering our economic devolution back to the Gilded Age, at best, or outright Feudalism, at worst.
 
...which demands a jury trial...

So glad it's not in arbitration. Too many companies get to have their own little preferential court system where the working class gets screwed time and time again. Arbitration would also allow Apple to skate by without admitting guilt. I wish this would be a trend.
 
These claims sound ridiculous. I don't sympathize with Apple employees at all. I have worked at Target for a couple of years and let me tell you I prefer to have not taken my meal break if they just leave me alone and not yell at me for making sure my department was properly zoned at the end of the night. 5 hrs and no break? Sorry Apple sweeties but just about every restaurant I've worked at has forced their servers, bus boys, and cooks to work without a break until the very end of their shift. That's life. You should be privileged to be standing behind a desk and looked up to for advice by customers and only have to deal with one at a time. Try working for Target where during the holidays you have to pick up the phone, try to cash out customers, and not have their kids opening boxes or steal. Ugh, Apple employees and their first world probs.

Uhh... Your problems are also first world problems.
 
How long does it take to look up the labor code and whether it applies to Apple Store Employees? And do you think these lawyers didn't work on other cases at the same time?

Are you serious? Do you know anything about our judiciary system?

The plaintiffs' lawyers are California employment lawyers. They do not need to look up federal or CA labor law. Lawyers are quite familiar with the law in which they specialize.

Whether or not a plaintiff has a cause of action does not take much time for an experienced lawyer to determine. However, take a look at this (case # is 37-2011-00102593).

  • The case is 950 days old.
  • There have been 200+ filings, of which at least 60 have been filed by the plaintiffs' lawyers.
  • There are minutes from at least 30 motion arguments or ex parte hearings.
  • There are a total of 450 registered actions.

Who do you think does all that? Who do you think filed those motions on behalf of the plaintiffs? Who do you think read Apple's motions or replies and responded accordingly? Who do you think appeared in court for the hearings?

Your lack of knowledge regarding our judiciary system is astounding. I hope you are either too young to know any better, or aren't American, because those are at least valid excuses for your lack of understanding.
 
Oh my gosh, this is terrible! Someone had to work 5 hours, straight, without a meal? 5 whole hours! The horror! We shouldn't stand for this slave-like treatment. Those poor people. :rolleyes:

Sure, I know I'm looking at this from a salaried perspective and that people with hourly wages need rigid time schedules....but if you just simply consider "work ethic " and treating all work as work, sometimes things come up than require you to alter your schedule to get things done or meet customer needs. A fellow employee may be sick and a replacement can't get in for an hour or two...so you stay longer or delay your lunch to cover the time period. There may be an unexpected mass of customers coming or calling in. There may be a sudden critical deadline for something. Someone with a good work ethic would be willing to adjust their time plan to make things happen.

Sure, this is fine, when it happens from time to time. But if this is occurring every day, it could be a sign of a systemic problem...insufficient staffing or poor management of employee scheduling. Not knowing the details of the case (or reading through the entire complaint), I can't say what was really (allegedly) happening at Apple. Do these former employees just have a poor work ethic or is/was there a real problem?
 
I am an Apple employee. I work for AppleCare.

We work 4-5 hours before lunch and I have NEVER heard anyone complain. We get our 15 min break and they have no problem with restroom breaks or us having food at our desks.

Again. Never heard one complaint about breaks
 
I timed my departure with the company so that I left on a Friday (end of the pay period) I got my check the following Thursday direct deposited in the bank. I guess maybe, they would mail it to you the following Friday, which meant you may not get it until the following week, so maybe 10 days?
If you request your last paycheck immediately, or if you are fired, most State's laws say the employer has 24 hours to provide it. CA says 72 hours for last paycheck even if neither of those events occur.

Really seems strange that Apple would not be complying with straightforward laws like this, that is why I questioned the lawsuit earlier in the thread.
 
A lot of posts here jumping all over the employees for expecting Apple to follow CA law.

If you whine about Apple employees because your place of business is abusing labors laws doesn't mean that Apple employees are wrong, it means your employer is wrong.
 
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By reading many of the comments in this thread, it seems most people didn't even bother to read the complaint. I figured I'd help those people out.

1. This class action only covers Apple retail employees classified as "non-exempt" and not those that are classified as "exempt" by Apple. Apparently members here cannot read or don't know the difference between the classifications in California. Employees classified as "exempt" generally have less rights and wouldn't be covered by the same laws as "non-exempt" employees. Therefore, there are millions of employees in California where the much discussed meal break would be inapplicable. Here is a link that provides a basic explanation of the difference.
I'm not sure to which posts you are referring. However, describing exempt as having "less rights" is ridiculous, even if those words are technically accurate, you are half a step from calling them the slaves. By definition, an exempt employee can do what they want. They are hired, sometimes by contract, to do "a job". Not to "work from 8am-4:30pm". When the job is done, your time at work is done. The whole point is that these employees don't NEED some of the laws or union contracts that protect workers, because they haven't been in danger of being treated as serfs, and yes, they do generally make a lot more money. Hence, "exempt".

I'm sure you can find some crap company that made its payroll person or somebody exempt, then demands too much work from them to try to prove my comments invalid. But really, dump that job and get a good one.
 
I'm not sure to which posts you are referring. However, describing exempt as having "less rights" is ridiculous, even if those words are technically accurate, you are half a step from calling them the slaves.

I meant less legal rights. An exempt employee can't file suit if they ended up eating lunch 7 hours after starting work, didn't receive overtime pay which they aren't entitled to, etc. I agree that exempt employees are given more independence and responsibility in making their own decisions, I just meant that they are afforded less legal protection under labor laws. Even with less rights, almost anyone would rather be classified as exempt instead of non-exempt.

Part of my point was to respond to the people saying "I work 8, 12, 18 hours without a break." Many of those people may be classified as exempt, so all that puffery is irrelevant.
 
o_O

All the people mocking the employees on here are ridiculous. If managers in the stores or Apple itself was breaking the labour code, that's all that matters. Period. It doesn't matter if someone on Macrumors thinks that it's pathetic. No more than 5 hours without a break is pretty standard (it's like that in Canada, too).

A lot of Apple fans are making themselves look really bad in this thread.
 
Part of my point was to respond to the people saying "I work 8, 12, 18 hours without a break." Many of those people may be classified as exempt, so all that puffery is irrelevant.

Yes, that was something I posted somewhere, too. Anyone who does that has made their own decision to do so. Heck, half of them probably have a lackey they can send for a sandwich.
 
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