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

[rdlink]

I work for a law firm that practices, among other things employment law. We are also very risk averse when it comes to things like this, always erring on the side of avoiding litigation. Incidentally, my firm is also very humane and employee friendly, generally speaking.

Our policy for hourly workers is that they are to be at their desks, logged in and ready to work when their "shift" starts. I would imagine that our HR department would not mandate this if there were a precedent that would expose the company to risk. Incidentally, the company is very, very sensitive to hourly employees working from home, as they do not want to risk getting in trouble for not paying employees for their time.

My point to all of this is that I do not believe my company would have their policy the way it is were it not already established in common law. But this should be interesting, because I could see a jury being convinced to find in favor of the plaintiffs if the case law was murky.

 

[jasvncnt]

As far as I am concerned, if it is at will employment, they are welcomed to find another line of work.

Huh? What is "at will employment?" Aren't most jobs "at will?" And that makes no sense. The economy is crumbling..unemployment rate is high..the jobs that are out here don't pay nearly what they should because there are people out there that need a job so they will take it no matter what the pay is. Companies now think they have you by the ba!!s and get away with way too much.
Just because company "A" gets away with treating their employees a certain way and no one does anything about it does not make it right.

 

[britboyj]

Huh? What is "at will employment?" Aren't most jobs "at will?"

Congratulations on making sure everything else you said is invalid, since you don't understand the concept of at-will employment, which is an extremely specific legal framework for employment used in some States.

 

[Chupa Chupa]

My initial thoughts:

1) Does Apple provide personal lockers or secured storage space for employees?
2) Are employees w/o bags permitted to leave w/ expedited search (similar to fans a baseball game)
3) Do employees have a break room?

 

[zelman]

I would wonder, were there 15 minutes during the day where these employees were not directly adding value to Apple? Do they want to give back money for the times when they were just standing around?

Doesn't matter. If you leave for a 30-minute unpaid lunch break and are called back to work in 25 minutes, you must be paid for those 25 minutes you spent on break. That is the nature of labor laws: to ensure employees are afforded appropriate working outcomes.

 

[samcraig]

It's EXACTLY the same. You're required by work to have a baggage check. You're also required by work to commute and walk in. Both are unpaid time, and both are ridiculous for the employer to pay for.

I guess you'll tell me that a teacher standing in line going through a metal detector at school should be paid time too?

Is the teacher salaried or hourly?

And no - the instances you gave are not at all the same. If you can't see the difference between being held at work after you've punched out and/or having your REQUIRED BY LAW lunch break shortened by a check in/out process - then I can't help you.

 

[jasvncnt]

Congratulations on making sure everything else you said is invalid, since you don't understand the concept of at-will employment, which is an extremely specific legal framework for employment used in some States.

I guess ya'll to smart for me up in these parts. I know what it means. And my questions still stand. You added nothing to my comments.

 

[loser36]

so their problem is not that they allow an employee of a private company to search their personal bags, but that they do not get paid for the time the spent doing so.
Once again I am so amazed with the american society.

 

[samcraig]

so their problem is not that they allow an employee of a private company to search their personal bags, but that they do not get paid for the time the spent doing so.
Once again I am so amazed with the american society.

Not so amazing. We have laws here. Maybe you should read more about them?

https://forums.macrumors.com/posts/17655096/

 

[BvizioN]

Nobody "needs" a phone, but I bet you and nearly everyone else here carries one around.

The company I work for does not allow us taking bags or phones inside. They are left at the gatehouse. When and if you take them inside, you are subject to a security search on the way out. And no, you wouldn't even dream of geting a peny for the time you are being searched.

Company policies is something people should carefuly read before they sign the employment contract.

 

[TroyBoy30]

My employer's computers take soooo long to boot up. And I am forced to wait for them to load before I can clock in. Time to sue for 10 years of backpay.

why would you shut down your pc every night?

 

[GoCubsGo]

why would you shut down your pc every night?

Some companies require it. Mine does unless otherwise advised not to. (Windows machine)

 

[samcraig]

The company I work for does not allow us taking bags or phones inside. They are left at the gatehouse. When and if you take them inside, you are subject to a security search on the way out. And no, you wouldn't even dream of geting a peny for the time you are being searched.

Company policies is something people should carefuly read before they sign the employment contract.

I see you're in the UK? Different laws for hourly employees I'm sure.

 

[scott911]

My employer's computers take soooo long to boot up. And I am forced to wait for them to load before I can clock in. Time to sue for 10 years of backpay.

I don't clock in - but I know my company offers seven minute grace period to account for the average boot-time before an employee can do their time clock thing.

 

[Cinematic]

More power to 'em

I think a corporation that pays top execs in the tens, even hundreds of millions of dollars a year can afford to foot the bill for their security measures. Sadly, this is yet another PR black eye for Apple (win, lose, or draw the case) in a labor context. . . .

 

[Chupa Chupa]

Not so amazing. We have laws here. Maybe you should read more about them?

Yes, but the question is whether Apple violated those laws. There are many facts that have are not discussed in the initial complaint. I listed a few in an earlier post. The complaint obviously isn't going to list facts favorable to Apple's policy. That will come with Apple's response. Ultimately it's up to the finder of fact (judge and/or jury) to decide. It's not as black and white as some here would like to make it.

 

[panzer06]

Yeah but you boot up your computer while you are already on your shift, you don't have to get 20 minutes earlier to ensure the computer is booted up by the time your shift starts.

Not true, many companies pay based on the computer-based time stamp. You do need to get in 5-10 minutes early to have an on-time clock in.

You really shouldn't need to treat employees like this but many companies do.

Cheers,

 

[ar29]

Checking employees bags before leaving the store is common practice for retail stores, especially those that operate in shopping malls. I worked at Banana Republic for 4 years, patiently waited for managers to check my bags before leaving the store after the end of my shifts, don't have a problem with it....these clowns are just trying to get money out of Apple, simply nonsense.....

 

[ihuman:D]

The company I work for does not allow us taking bags or phones inside. They are left at the gatehouse. When and if you take them inside, you are subject to a security search on the way out. And no, you wouldn't even dream of geting a peny for the time you are being searched.

Company policies is something people should carefuly read before they sign the employment contract.

That's different, your company has an area where you can put your belongings and you don't get searched unless you bring your belongings inside, from what I understand.

 

[Chupa Chupa]

You really shouldn't need to treat employees like this but many companies do.

Yes, but it's life. And like everything else in life it's always...always the few bad apples that make it tough for everyone else. Employee's shouldn't shoplift, but the fact is more employees do so (generally, not specifically in Apple stores) than non-employees.

Just think about how easy air travel use to be.

 

[samcraig]

I don't disagree. I never claimed Apple was guilty. But rather that if the employees believe they have been slighted, they have every right to pursue it legally. IE - it's not frivolous and/or stupid.

 

[mdlooker]

I think the point is missed here. To me, it's not Apple checking bags, it's just the mere fact of them conducting an apparent "required" business and actions with the employees AFTER making them sign out.

Salary Employees-conduct whatever business with the employees because theres an overarching pay from being in and around the business conducting business.

Hourly Employees-Restricted to pay while ONLY being on the clock. So if an employee volunteers to participate in the business action, so be it. But if the company is requiring that employee, while there at the business, to participate in a business action then that employee should be paid for that required action.

 

[Kaibelf]

So who checks the managers bag?

Is this a common practice at other stores?

There's a separate department of loss prevention that's contracted from a third party in most retail chains, and they check ALL bags, including managers'. Yes, it's very common.

 

[xxBURT0Nxx]

Nevermind them, its like talking to a brick wall. The corporate apologists/employees and Apple nuthuggers will not have you take the side of workers rights over their bff company.

has nothing to do with apple.... many companies have some form of "security" that you go through to get to and/or leave work. It's a part of life, get used to it.

Should I be paid for the time I wait at the security gate to get to my office building? How about the time that it takes for every door to open after I swipe my access card? I mean, it's only a few seconds, but I have to pass through 5 doors every day after I clock out and that time adds up. OMG they are stealing so much money from me... better sue!

It's sad how much people will complain about and try to sue over these days.

 

[blevins321]

Yeah, but you were ALREADY clocked in while your employer's computers were taking soooo long to boot up. You were getting paid while you waited for your computer to boot up.

Can't speak for your quoted poster, but I couldn't at my job. Had to wait for a Windows 98 POS in the cash room to boot and load an ActiveX IE5/6 site that was used for our time keeping. At least 5 minutes every time.