The people suing are going to be in for a major shock if they start working a salary job someday and end up doing all sorts of stuff for their employers off company time.
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Apple Retail Employees File Class Action Lawsuit Over 'Bag Check' Lost Wages
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The people suing are going to be in for a major shock if they start working a salary job someday and end up doing all sorts of stuff for their employers off company time.
I suggest you read the article.
No one is saying anything about the searches being crap.
What they are saying is Apple needs to pay the employees during the time the wait and do the searches.
So for you employees if you wanted to search them you have to pay them for their time. Plan and simple.
It is illegal to do other wise. The excuse that says everyone else is doing is does not make it legal. The reason I want apple to lose big time is to set the precedent and force everyone else to do it.
I think you're arguing just for the sake of arguing. I don't think you truly believe they are the same. Nor do I think you expect an employer to pay for transportation.
However - here's a wrench for you. If your company requires you to work at another location for a day or longer- one that is considerably further - or another of of transportation is required. Are you suggesting that the company should not pay for travel? Under every/any circumstance?
Nobody is saying it's a right to bring a bag to work. You're obsessing over that. Apple are perfectly in their right to require a search of bags upon leaving the property. What they are not in their right to do, is keep you after company time to perform it. They have no rights over you once you clock out, they can't dictate how you spend your free time. As soon as you clock out, you are your own Man. That is your right to choose how you spend your free time, not Apples. Apple can't fire you for it.
Except that's a completely different set of rules and not applicable.
Again I state.. People like you are the reason the middle class is disappearing. Keep whining about every little thing thinking you are entitled to the world. You don't have to bring your bag with you on every break and lets be real, you are not losing 5 minutes every time. Also every employee is not making $20 an hour they are more likely making about $10 an hour. You are arguing about minutes a week, literally a few dollars a pay check quit acting like you are losing an hour of work a day. People hear that it took 5 minutes one time and assume they get to act like they lose 5 minutes of pay for every break. Also you only clock out for a lunch break and when you go home so again your point is moot. You are not losing $500 a year. Get over yourself
Except there are very different laws for salaried vs hourly employees - now aren't there?
Obviously "missing the point" that Apple did NOT have them "working without being paid."
They were doing "nothing" but waiting while their bag was checked.
If the law says you cannot make an employee work for the company on their own time but they are not actually "working at all while just standing there on their own time" then it is kind of pointless.
What about medication? Diabetics who need to test blood sugar and bring in insulin? What about women who need to bring tampons, sanitary pads etc?
You're pissing up a rope..They'll never understand that's why we have courts and law.
I've seen more than 5, not really the point though. The point is bringing a bag isn't nearly as much of an "option" as it's made out to be. Because you know... it's not. I can't put sandwiches in my pocket so I bring a backpack. I don't see how there's anyway around that...
Bingo. And in fact many if not most Apple Stores have an offsite break room with lockers, refrigerators etc for your stuff. And since you can't access the stock room and such there is no bag chek requirement
From *just* the first page of the thread...
Key here is required.you aren't required to bring a bag of personal belongings into work.
If as someone else stated, it is in the policy handbook that states that Apple will specifically perform said action AFTER you are clocked out IF you choose to bring a bag to work anyway, and you SIGNED the contract abiding to the agreement knowing full well what would be occurring then I honestly do not see how you can THEN complain about it.
If you A) Didn't like the verbiage IN the contract before you signed it to start working there then DO NOT work there and B) Did not want to abide by the contract stating that there would be extra time to search the bag after clocking out then you DO NOT bring a bag to work.
You simply cannot AGREE to everything stated they were going to do as an Employer in the handbook and then cry about it later. That is WHY the handbooks and policy guides are created - so you know "exactly what is expected of you while being employed BEFORE you agree to work there."
Is it possible that those suing worked in stores that didn't have one or that they weren't instituted yet? Or that there was an older policy at these stores?
Ca. law requires that hourly employees get a paid 10 minute for every 4 hours worked. Also if working more than 5 hours a 30 minute lunch break is required. If can be paid but does not need be. It must be taken off the clock. If you do not clock out, the employer is in violation and can be penalized in Ca.
Salaried employees (professionals) are typically not entitled to overtime wages unless explicitly agreed to.
It's not the incidental search that is the issue that Apple has, it's the wait time. If the search could be done in 1-2 minutes, the claim is not valid. If the employee is made to wait 10-15 minutes on a regular basis, then there is a valid claim. The employees will have to prove that the waiting that they had to endure is not isolated and pervasive.
Just because the company does a loss prevention check, does not mean you get paid. The real solution is don't bring big bags to work *OR* Apple provides lockers in an area outside the secure inventory area of the store.
If the employees win the class action, the lawyer will get stinking rich.
Salaried employees (professionals) are typically not entitled to overtime wages unless explicitly agreed to.
It's not the incidental search that is the issue that Apple has, it's the wait time. If the search could be done in 1-2 minutes, the claim is not valid. If the employee is made to wait 10-15 minutes on a regular basis, then there is a valid claim. The employees will have to prove that the waiting that they had to endure is not isolated and pervasive.
Just because the company does a loss prevention check, does not mean you get paid. The real solution is don't bring big bags to work *OR* Apple provides lockers in an area outside the secure inventory area of the store.
If the employees win the class action, the lawyer will get stinking rich.
You can bring a plastic or paper bag. They don't check your bag coming into work. Only leaving so throw your bag away after your done eating your lunch. Problem solved. People always have to say omg I can't do it without this or how will I live without that. Use your creaking brain once and a while. There are plenty of viable solutions to your problems. You're just too lazy and entitling to consider them.
People try to steal if they know they can get away with it. I've known a lot of managers and admins who has done it. It always bothers me because I'm a moral person and when they go to church and preach about it as advisors. Or pastors son who are working as an admin and steal stuff it just makes my mind boil a bit. I've also known the genius bars to do repairs where they do things for friends. Like oh this dvdr is newer and faster on this new laptop. This person won't notice the difference so lets swap it out with someone else. Depending on the company, thats why I rather get warranty and repairs done at the factory instead of getting no warranty and going in to a store for repairs later. Factory managers really really do Quality control and everything gets scanned out on the shipping level. And they are checked before and after they leave the warehouse to be the correct serial numbers for most of the parts.
I was always scared about theft when I was working as a manager. Cause at the end of the month I was doing inventory w/ another co worker and guess who's fault it will be if even one thing is missing? Its cheaper to check your employees then to hire like a whole mess of security monitors and person to monitor.
I don't want to be out of a job and so I tell people bring something and I will have to check. Or don't bring anything and I don't have to check when you walk out. Its really simple. They should do the same. Although apple has smaller parts =/
I was always scared about theft when I was working as a manager. Cause at the end of the month I was doing inventory w/ another co worker and guess who's fault it will be if even one thing is missing? Its cheaper to check your employees then to hire like a whole mess of security monitors and person to monitor.
I don't want to be out of a job and so I tell people bring something and I will have to check. Or don't bring anything and I don't have to check when you walk out. Its really simple. They should do the same. Although apple has smaller parts =/
Nice Strawman. They don't think they're entitled to "The World" as you put it. It's the principle, the company is forcing you to stay on your own time, in a busy Apple store potentially cutting your break in half. They are dictating to you how you spend your time off, which they are not allowed to do. In a busy Apple Store yes you could be losing half an hour a day. For someone who works a lot of days they could be losing a days pay every 2 weeks, 2 days a month. 24 days pay a year. That's potentially nearly a months pay lost a year. Obviously this is a worse case scenario but it still stands.
If you're perfectly to bend over and take it, having your free time dictated to by a company who isnt even paying you while they do it, feel free. but don't drag everyone with you.
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