Apple Retail Employees File Class Action Lawsuit Over 'Bag Check' Lost Wages

[samcraig]

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No. Not accurate.

see i can do it too.

Yes. But I did it to be conservative as someone else already posted why. You're just posting frivolously to be "cute"

As someone else said, "No, the decision started with apple requiring searches. Therefore, it is their responsibility to pay for the time it takes."

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Apple certainly doesn't own you. You also are not entitled for a job. Guess who needs the other person more? If apple needs the worker more than simple economics would've fixed this issue.

I still don't see how this makes the lawsuit less valid.

 

[the8thark]

A lot of lawsuits of this nature have been filed, and won. Sanitation workers were made to attend safety briefings 15 minutes before and after each shift, off the clock. They sued and won years of back overtime pay because it was additional hours on top of their mandatory 8-hour shift.

The plaintiffs will win this one, too much case precedent already exists.

I have to agree here. The plaintiffs will win here and they should win. Apple expect this check to be done. Even if you just bring a box with your lunch in it and nothing else it will be checked. And it's not done on the clock like it should be.

Apple's solution will be simple. Apple will pay out these few people and then everyone else will have their work hours cut by 15 mins a day. Same work load just do it 15 mins less. So you have 15 mins for an on the clock bag check. Doing this gives Apple a zero increase in their retail wage bill.

My my profession (hospitality) you are required to bring your uniform to the job and get dressed before the shift and get dressed after the shift. Want to take a walk outside for the hour during the split between shifts, you have to get dressed out of the uniform to do so. No different here, it's a job requirement, but you are forced to do it off the clock. But we can't sure the employeer for 15-20 mins worth of $$ every day though. As the food perks (part of the job, can't keep day old food) well and truly cover this.

 

[FrozenDarkness]

Yes. But I did it to be conservative as someone else already posted why. You're just posting frivolously to be "cute"

As someone else said, "No, the decision started with apple requiring searches. Therefore, it is their responsibility to pay for the time it takes."

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I still don't see how this makes the lawsuit less valid.

again, apple didn't require searches. apple can only require searches if you choose to bring a bag. it's quite simple logic. Apple requiring searches sounds like they require searches of everybody or it's out of your control, both of which are false.

 

[MajorWebUser]

What is “personal time?”

The whole argument of doing searches on “personal time” is a non-starter.

When you get up in the morning and are getting ready to go to work, are you on “company time?” When you leave work at the end of the day, you start off at — (wait for it) —*work! Should the time it takes to get home count as company time?

Grow up!

 

[FrozenDarkness]

I have to agree here. The plaintiffs will win here and they should win. Apple expect this check to be done. Even if you just bring a box with your lunch in it and nothing else it will be checked. And it's not done on the clock like it should be.

Apple's solution will be simple. Apple will pay out these few people and then everyone else will have their work hours cut by 15 mins a day. Same work load just do it 15 mins less. So you have 15 mins for an on the clock bag check. Doing this gives Apple a zero increase in their retail wage bill.

My my profession (hospitality) you are required to bring your uniform to the job and get dressed before the shift and get dressed after the shift. Want to take a walk outside for the hour during the split between shifts, you have to get dressed out of the uniform to do so. No different here, it's a job requirement, but you are forced to do it off the clock. But we can't sure the employeer for 15-20 mins worth of $$ every day though. As the food perks (part of the job, can't keep day old food) well and truly cover this.

not saying htere's no precedent, but a safety video is certainly more legitimate than bringing a bag to work

 

[josh995]

We all know how this will end. Apple will settle for a small (to Apple) sum of money and will issue a company-wide change in policy.

Done.

Next!

 

[iJawn108]

To be honest I hope they win and I have a feeling from past cases I know of that are similar they will.

 

[Terrified]

again, apple didn't require searches. apple can only require searches if you choose to bring a bag. it's quite simple logic. Apple requiring searches sounds like they require searches of everybody or it's out of your control, both of which are false.

Unless you have to bring a bag for reasons beyond your control....

 

[urbanj]

Wow, since researching the US Labour law on rest and meal breaks, am I reading this correctly, that they are not required?



Source



Source

Thats seems almost... Criminal...

If that's really true then breaks are offered at Apples discretion and they can't rightfully complain at missing breaks. However they can complain at being kept after hours without pay.

In canada there is no law for paid breaks but it's mandatory that a 30min lunch break is given after 5 hours.

Now I'm not sure about the US but considering it's a lawsuit happy nation I could only imagine the stuff that could come out of it when not allowing staff to take lunch breaks. Imagine operating equipment and someones blood sugar drops or they are dehydrated and they kill someone or hurt themselves? You can laugh but all it takes is one **** up. 79 people dead in Spain is a good example.

 

[samcraig]

again, apple didn't require searches. apple can only require searches if you choose to bring a bag. it's quite simple logic. Apple requiring searches sounds like they require searches of everybody or it's out of your control, both of which are false.

Apple requires searches. They choose NOT to search if you don't have a bag. They choose TO search if you do.

See how that works

The whole argument of doing searches on “personal time” is a non-starter.

When you get up in the morning and are getting ready to go to work, are you on “company time?” When you leave work at the end of the day, you start off at — (wait for it) —*work! Should the time it takes to get home count as company time?

Grow up!

This has nothing to do with growing up. If I clock out - I am on my time - so I shouldn't have to wait for a search. As you said - going to and from work isn't on the clock. The second I punch out - I am not under Apple's "thumb"

Just like Apple can't dictate what I do before I clock in.

(disclosure: I do not work for Apple - this is just an illustration).

 

[FrozenDarkness]

Unless you have to bring a bag for reasons beyond your control....

i mean look, i'm going to be honest here, i'm just arguing because people think the idea of a search should be something apple paid for.

nobody is saying you can't bring a bag. and i'm sure special needs people can have something really easily worked out. obviously a huge backpack is a red flag, if you need to bring medicine in a cooler or a ziploc bag, i'm sure your manager isn't going to be an epic ditz about it.

 

[Treq]

again, apple didn't require searches. apple can only require searches if you choose to bring a bag. it's quite simple logic. Apple requiring searches sounds like they require searches of everybody or it's out of your control, both of which are false.

It is out of your control. If you try to leave without being searched, you will loose your job. The requirement for you to have a bag before they fire you is just crazy...
Anyway, the bag requirement is just a stupid argument. Some people need to have a bag. How are they supposed to leave that stuff in the car if they walk or take the bus?

 

[Dr McKay]

Apple certainly doesn't own you. You also are not entitled for a job. Guess who needs the other person more? If apple needs the worker more than simple economics would've fixed this issue.

It would be unfair dismissal if they fired you for this. I expect this case will be won, Apple has no claim over your free time, expecting you to give up your free time to the company, without pay is wrong.

Are you willing to put up with any crap your employer throws at you because you think "I'm not entitled to this job". Sure you aren't entitled to the job. You had to earn it, but you are entitled to rights.

 

[FrozenDarkness]

Apple requires searches. They choose NOT to search if you don't have a bag. They choose TO search if you do.

See how that works

except for the fact that you bent logic. requirements mean there is no choice. In your situation, that's not the case, that's a manager picking on you

 

[samcraig]

Wonders to himself if some of the people here defending Apple after punching out can sue Apple for not being paid for their time

Teasing folks...

 

[FrozenDarkness]

It would be unfair dismissal if they fired you for this. I expect this case will be won, Apple has no claim over your free time, expecting you to give up your free time to the company, without pay is wrong.

Are you willing to put up with any crap your employer throws at you because you think "I'm not entitled to this job". Sure you aren't entitled to the job. You had to earn it, but you are entitled to rights.

if this rule is theoretically in the rulebook, than it's not an unfair dismissal. you weren't dismissed for any discriminatory reason.

i'm not willing ot put up with crap my employers throw at me. i will stand up and fight for my rights. bringing a bag to work and having it not checked is not a fundamental human right, nor a fundamental worker right. if i truly believed that all rules should be under the company's dime than i really do believe me bussing to work should be as well.

 

[The Monkey]

It always surprises me how pro-corporate, pro-management Apple fans are. (Or maybe it's just this board.)

 

[Terrified]

i mean look, i'm going to be honest here, i'm just arguing because people think the idea of a search should be something apple paid for.

nobody is saying you can't bring a bag. and i'm sure special needs people can have something really easily worked out. obviously a huge backpack is a red flag, if you need to bring medicine in a cooler or a ziploc bag, i'm sure your manager isn't going to be an epic ditz about it.

Except from everything I've read, they don't 'work something out'. They require a search of all bags. So right away, if I worked at Apple, I'd be at the rather bizarre disadvantage of having to stay behind after my working day to be searched through no fault of my own.

There's then also the issue of fairness and arbitrary lines - if they make an exception for me, how long before other employees complain about that? Also, why am I more likely to steal because I have a bag? Do they require anyone with a jacket to be searched? If not, why not? Anyone with pockets could steal an iPhone. Why only bags?

The whole policy is bizarre - it shows distrust of the employees, and if it means employees staying behind for fairly arbitrary reasons, then of course Apple should pay for it. My employer is multinational and works with incredibly secure data, to the point where our building is government controlled in terms of who gets access. I need a pass, 2 RSA fobs, an ActivID and several passwords just to gain access to my workstation. You know who pays for all those things, and *still* doesn't feel the need to search me upon entry and exit? My employer.

 

[samcraig]

i really do believe me bussing to work should be as well.

It's not the same. Not remotely.

 

[FrozenDarkness]

It always surprises me how pro-corporate, pro-management Apple fans are. (Or maybe it's just this board.)

it's sad when you can't take an argument at face value and must use strawmen arguments.

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It's not the same. Not remotely.

and why is that? is it because it's not inside the workplace geographically? fairly certain apple will require me to get there on time

 

[HiRez]

Sounds like they are just going to pay up on this one (probably via settlement). Even if they could win it legally, it would be a PR negative for them. Not worth it.

 

[macsrcool1234]

Great way secure your place on the unemployable list. Who'd want to employ a clock-watching, troublemaker?

Admittedly, policies should ensure checks are done "on the clock".

These two statements contradict each other. *facepalm*

 

[shoulin333]

Easy win for that ambulance chaser.

 

[Serelus]

It's hilarious that people say, don't bring your bag to work. In what world are you living, that you can go to work without a bag or backpack of some kind? Seriously are you people putting lunch and tampons in your pockets? hahah.

 

[CFreymarc]

It will get thrown out. Employee is not required to bring personal property to the store. Factories have been doing this for decades at their gates.

I'm sure the defense Apple has will site this and other security procedures going back decades. There is a case history where you enter an employer's domain of operation, managers acting on the authority of delegated policies of corporate officers have the right to review any personal items that may or may not be in business operating facilities.

You walk in with a purse or backpack, an inspection can be viewed as a cost of the company to ensure you are suited, equipped and inspected for your task at hand. Thus, you are not working during the inspection procedure if you have clocked start and end times.

Even amusement parks have policies like this for their employees.