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

[skottichan]

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No matter how many work-arounds, suggestions or reasons why someone might not "need" to bring a bag to work. The fact remains, because they can, end of. It's not the bag search they're complaining about, its the time they have to wait before a search can be carried out. Just because you can avoid this if you potentially greatly inconvenience yourself does not excuse the fact that Apple is keeping employers back on their own time.

So stop suggesting ways how people can possibly do without a bag, because that isn't the point. And even then, people SHOULD NOT HAVE TO FIND WORKAROUNDS, to avoid Apple wrongly holding people back behind work hours because of their inadequate system. I admit we've had some real knee-slappers so far.

I'll list some of my favourites.

1. Leave life saving medicine in the Car
2. Carry everything you require (Including food and drink) in your pockets
3. Leave everything you own in the Car (If you walk, bike or catch the bus. Tough)

Fun bit of trivia, I've worked at mom & pop places as a waitress, we were not allowed to carry in bags. We had to turn out our pockets when leaving (off the clock), we were also not allowed to bring in any outside food or drink (the no food applies to most restaurants).

 

[AppleScruff1]

I don't want to come off as being sarcastic so please don't take it that way, but this is a Apple fan forum, not an Apple employee forum. A majority of people are here because they support and back Apple Inc. Now if this was some other corporation they were talking about i.e.: GameStop then I think they would be much more critical, but this is Apple. Every time Apple reports new record earnings people are VERY excited around here and when things are selling like hot cakes making huge profit they are also very excited.

I am not surprised at all to see the corporation get more support then the employees on this issue because many people here live and breath Apple.

And other than stockholders, why would anyone be excited about how much money someone else made, especially a huge corporation? Why do I care how many iPads or iPhones they sell as long as they service and support the ones I own? When I see a company making huge profit margins, I tend to think that the consumer is the one who is being charged more than necessary. But of course this doesn't apply to Apple. If AT&T makes a record profit, they're thieves and should lower their prices. When Apple makes ten's of billions each year, they deserve it for doing the consumer a big favor. Or at least that seems to be the logic for many here.

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Absolutely. Years back I was in retail management for Apple, we got hammered on employee theft and shrinkage. We weren't nearly as busy as they are today, even still employees had to clock out online in order to be checked out. Myself being diabetic, I have to bring a messenger bag to work for my test kit and insulin in addition to work related documents. Even as manager, we had to be examined before leaving, which cut my hourly by 15-20 minutes, resulting in blood sugar levels becoming a bit off as I had little time to eat and make adjustments.

This isn't about whiny or entitled individuals, it is simply a matter of policy. There is always a back end manager in the office, etc. who can easily check bags as part-time specialists leave. It does add up, and Apple certainly has been aware of the matter for quite a long time. They're a corporate entity, they will do whatever they can to squeeze every last penny from customers and employees. Not news. People used to take it at face value, now people have become empowered by the internet through petitions, determining if legal action is applicable, then find an attorney.

People complain about "unions" while forgetting that unions were established in the face of corporate workplace abuse. Without the efforts of many before us, we would have less recourse in our employment conditions. Now, instead of unions, we have class action lawsuits. The irony.

Very well said!

 

[3282868]

Fun bit of trivia, I've worked at mom & pop places as a waitress, we were not allowed to carry in bags. We had to turn out our pockets when leaving (off the clock), we were also not allowed to bring in any outside food or drink (the no food applies to most restaurants).

Yup, and people used to walk five miles in heavy snow every morning for school . Times change, and so do unethical practices. I've dealt with this issue as management and it was a nightmare for us. Shrinkage was up, and retail locations were falling behind on UPT, daily and monthly goals, etc. This wasn't really just about shrinkage though, Apple actually wants employees to eat in the break room in many locations as it gets them on the floor quickly and many employees would take tests online through Apple's retail site while eating. Giving them less time to wander the mall or streets for food, most would grab it to go and eat in house just to make certain they weren't late.

It was a big hinderance to me as a type 1 diabetic since 12 (in excellent shape ). I test ~20 times per day and take insulin 8-10 times a day depending on what I eat, exercise. etc. This didn't help my situation, even as part of the management team.

 

[akadmon]

This is a stupid policy! It stinks of utter distrust of the employees. Yes, it probably results in nearly 0% loss due to theft, but I but the theft rate would be all but nonexistent even without any measures to curb it (people care about getting a steady paycheck more than the thrill/short term gain resulting from stealing). Apple could achieve the same near zero loss by simply implementing random checks as a deterrent to the few dishonest employees. Since Apple opted for a dragnet policy, I say they need to face the music! I fully support the plaintiff's case.

 

[WestonHarvey1]

While what you're saying sounds good on paper, in reality it's not at all an ideal solution. People have a rent or mortgage to pay, electric bill, car note, family to feed and such and getting firm with their boss about getting out on time can put a target on that employee. Next time that employee makes a slight mistake the manager will get nitpicky and start building reasons to fire the employee.
I'm not at all backing up Apple on this one because I've been a part of multiple class action lawsuits from companies I've worked for due to not paying overtime when we were entitled to it and Apple and other companies need to work out a better system or pay the employee for staying longer but you have to remember that having a job is a privilege and you have to bite your tongue unless you want your livelihood handed over to someone else.

You're presenting an unwarranted negative view of work in general.

It's not like I'm talking out of my @ss. I've worked a long time and a lot of jobs. These are basic skills that apply to any job. You have to be able to stand up for yourself.

The average Apple Store manager is not a bad person. They probably don't even realize they're upsetting their employees. Sometimes they just need to be reminded and corrected. You're claiming everyone should expect retaliation in response to a perfectly reasonable request. That is not the norm.

If you don't say anything they'll carry on with how they do things. You don't have to wait for lawyers or the government to step in and save you.

 

[singhjeet29]

While it's unfortunate, this is pretty regular at a lot of places I've worked in the past as a student or for summer jobs. Having to wait usually 5 minutes, but upwards of 15.

Where I work now, I work 12 hour shifts, and most days I don't even get a break or a chance to eat (the beautiful life of a health care provider - and yes unfortunately for me, this is completely legal for my profession).

 

[chairguru22]

This is BS. Every retailer does this. And I used to work at an Apple store, it doesn't take more than a minute on your way out.

 

[bretm]

So who checks the managers bag?

Is this a common practice at other stores?

Is carrying a bag around common practice? WTH? Why does everyone carry a damn suitcase around these days? If you're a guy, you should have a wallet and a phone. Put it in your pocket. If you're a girl, I don't know what is in those big ol purses. But you want to carry around something that big you look suspicious. Leave it when you go on break.

 

[revixd]

I don't know if this has already been said, but if the worker's contract/handbook states that they are subject to a bag check on their way out, they have no right to complain. They chose to work here. No one forced them to.

WITH THAT SAID, if it isn't on the contract, I believe Apple do owe the workers for their time.

It's just that simple.

 

[bretm]

This is a stupid policy! It stinks of utter distrust of the employees. Yes, it probably results in nearly 0% loss due to theft, but I but the theft rate would be all but nonexistent even without any measures to curb it (people care about getting a steady paycheck more than the thrill/short term gain resulting from stealing). Apple could achieve the same near zero loss by simply implementing random checks as a deterrent to the few dishonest employees. Since Apple opted for a dragnet policy, I say they need to face the music! I fully support the plaintiff's case.

That's not how employee theft usually occurs in any quantity in retail. The biggest loss is the the old friend comes in routine and his buddy(employee) checks him out. Forgetting to ring up 90% of the stuff of course. Stores that have a cash register make that routine pretty easy. Friend comes in when you're working register. But even an Apple store would be simple enough. Nobody questions what's in my Apple bag as I leave the store. And if there is some hidden camera watching, it would see the friend getting checked out by an employee.

 

[HenryDJP]

This seems pretty ridiculous. You have to be able to assert yourself a little more in a situation like that. You just tell him/her that you need to go right now so check my damn bag please. No one should be that afraid of their manager.

You're presenting an unwarranted negative view of work in general.

It's not like I'm talking out of my @ss. I've worked a long time and a lot of jobs. These are basic skills that apply to any job. You have to be able to stand up for yourself.

The average Apple Store manager is not a bad person. They probably don't even realize they're upsetting their employees. Sometimes they just need to be reminded and corrected. You're claiming everyone should expect retaliation in response to a perfectly reasonable request. That is not the norm.

If you don't say anything they'll carry on with how they do things. You don't have to wait for lawyers or the government to step in and save you.

Reasonable request? "I need to go right now so check my DAMN bag".?? Talk to any manager like that and you will be a target. I'm not saying managers will find a reason to get you fired but the very next time you come to them asking for a special day off they may not be as accommodating.

Secondly, for you to say the average Apple store manager is not a bad person...and then you go on to say, "they PROBABLY don't realize they are upsetting employees, etc, your just coming up with theories because even if you've worked for an Apple store you can speak up for every manager at each retail store, they are all different with different management styles.

And just so you know I've worked a lot of years as well and managed to remain with steady work without kissing a manager's butt but I also know how to be smart with who I'm dealing with, and to be honest with your attitude about how to deal with managers and jobs it doesn't surprise me that you have a lot of jobs as you said. Having a lot of jobs over the years isn't something to be terribly proud of. Just saying.

 

[CmdrLaForge]

I can fully understand that you cannot trust those employees. There bags must be checked. From time to time maybe a search warrant for their homes should be issued and police search those plus their friends and family. Of course off time. You cannot expect a multibillon dollar company to pay for such
/sarcasm

 

[superman23]

i worked at best buy 13 years ago and there was no checking of belongings by the store.

also most of the theft was by...the people in charge of preventing theft. the loss prevention people in the yellow shirt. their qualification for these position? typically just being larger than average males, and not in high school.

 

[cclloyd]

Maybe they should put in a new policy instead that doesn't allow you to even see your bag until you clock out, that way there's no way to get stolen stuff into them, and the people can be on the floor like they're supposed to when I can't find someone to help me.

 

[MegamanX]

I don't know if this has already been said, but if the worker's contract/handbook states that they are subject to a bag check on their way out, they have no right to complain. They chose to work here. No one forced them to.

WITH THAT SAID, if it isn't on the contract, I believe Apple do owe the workers for their time.

It's just that simple.

It can say it all it wants. As long as they are paid during that time. It us against the law other wise. If you are not on the clock the handbook foes not apply

 

[Avalanche66]

i've worked for a retailer for almost 7 years and this is what they have done to us

-i have not been payed for working overtime by the manager and or district manager because they say *Nudge Nudge* "I owe you 8hrs next week"

-taken deposits to the bank off the clock for the past 6years

-pocket checks every day

maybe i can do a class action for where i work...... hmmmm

 

[rhuber]

I thought it was already an established law that these types of searches had to take place on company time. I used to work at an electronics warehouse when I was a pup, and I remember them installing a new metal detector near the station where they check bags, etc, and it had to be reinstalled so that workers had to pass through bag check and metal detectors BEFORE they reached the timecards to punch out. They said that it was required by law -- that was 20 years ago. Maybe it was a state law and not federal. I don't know, but I am surprised to hear that any company can do this.

 

[tanousjm]

I'm late to this discussion so maybe this has already been said in the preceding pages of comments, but I worked for Apple Retail for several years between three different stores in different parts of the country and the managers at all stores were quite clear that these "bag checks" be done before you clocked out.

I left the company about two years ago so things either changed or these employees work at stores with terrible managers.

 

[RobLS]

Without stepping too far outside my privacy agreement; out of all of the stores I've worked for, this has never been an issue. The former employees have something they should take up with HR as it may be a localized issue. Only checkouts I've had were when I brought my personal mac in. Never had to wait after I clocked out, get the check done before-hand, if you don't then its on you.

Heres hoping to not getting let go. Had to post because I think this is ridiculous.

 

[JohnGregorio]

It is sad that some people are trying to rationalize this in favor of Apple.

Apple, nor any business can force you to work unpaid. Regardless if you are actually performing work duties or not, Apple is forcing employees to remain in the store off the clock until bags are checked. This is illegal and the suit will win. I've worked for a company that locked the doors at closing and forced everyone to leave together. This meant we stood around 10-15 waiting off the clock for everyone to be ready. When I brought this issue up with the store manager regarding the legality, they never required it again.

 

[rhuber]

Bottom line is that a company cannot legally request that an hourly employee participate in any action (policy or otherwise) without compensation. No matter how you slice it, there is no way to out-rationalize that legal fact.

 

[osaga]

Apple should pay employes for travel - time and cost. Any emails or correspondence related to work should be billed. There should also be compensation for the duration of any off-clock work related thoughts which should be noted by employees, including the duration of such notations.

bottom line - 1 min no problem. 20 min possible problem. Should be slightly interesting to see this case go on.

 

[vpro]

So you would sum your argument as

1. Don't bring to light bad company practices so that the company might change for the better.

2. Bend over and take it, travel lightly. Not even a pillow to bite down on.

You "Digging" it?

Well if you interpret it that way and that is your response to my post.

I dig.

I wish these people all the best, but the truth is there are worse things happening to innocent people in the world every second of every single day that don't see the light of any justice so - this is Mickey Mouse.

What 'I'm Saying' is this - strike one shame on me, strike two shame on you (I'm catching on to your bad company policy it's eating into my vacation pay), strike three I'm setting myself free bubye.

Is there more to the story that I'm not getting? Are these people under age and in a sweat shop or something?

Really?

 

[rhuber]

Apple should pay employes for travel - time and cost. Any emails or correspondence related to work should be billed. There should also be compensation for the duration of any off-clock work related thoughts which should be noted by employees, including the duration of such notations. Any educational costs associated with the job, such as preschool, and higher education should be paid for. All living parents of employees should be compensated for instilling values such as timeliness and personal responsibility in said Apple employees.

The key word here is "require". With the exception of some of your sillier comments, many of those are in fact legal requirements in the United States. You cannot legally "require" that an hourly employee to anything off the clock. It is illegal. If you are a salaried employee, the rules are a little different, but that is not the case here.

 

[cclloyd]

I wonder if they search my phone for pirated versions of itunes music.