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

[panzer06]

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.....

It's actually the law firms. I seriously doubt these employees thought this up on their own. There are firms that research all manner of possible violations that would allow some large class of people to claim harm. They then determine which venue might be most favorable to file suit in. Only after they've done all the prep work do they actively shop for plaintiffs. The legal system in the U.S. is rather permissive when it comes to civil suits. You can pretty much sue for almost anything. Does not mean you'll win, however, most large corporations just settle because the cost to go to trial is rather steep. Remember, class action plaintiff firms wouldn't exist if this tactic didn't regularly yield large fees for the firms who engage in these practices.

However, this tactic may not work with Apple. They have a demonstrated willingness to litigate through trial.

Tort reform is really something that needs to be addressed. There should be more consistency across jurisdictions to reduce venue shopping and some reasonable check to stop frivolous claims (not that this claim is necessarily frivolous).

Cheers,

 

[hayesk]

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.

Was your criteria for participating in this debate having absolutely everyone agree with you at the end? And if they don't, then they must be an apologist rather than simply not agreeing with you?

 

[mysticbluebmw]

When I was young, and worked for an hourly wage at a subcontractor for INS, we had to stand in a long line to clock in. This probably ate about 5 minutes of our time having to get there early enough to not clock in late. As long as you clocked in before being about 6 minutes late you were still on time, so most people were fine. On the way out, there were lines as well, but no need to get there early as you're already there, and again, as long you clocked out by 6 minutes after, you avoided getting in trouble for overtime. This could also eat another 5 minutes or so. So, 10 minutes a day wasted or nearly an hour/week or a weeks pay/year.

I guess my point is that this kind of thing is not uncommon. Sure we could cry we don't get paid for the commute time to and from work as well(I'm lucky and I actually do), and while that is a fair bit different, it's not entirely unrelated. Of course, we know that will never happen for the general populous. I paid my dues when I was young, and so I can't overly sympathize when I see stories like this. Currently we live a 'me too', 'must have it now' self centric society, and that seems to be the going rate for companies and employees alike.

 

[samcraig]

It's actually the law firms. I seriously doubt these employees thought this up on their own. There are firms that research all manner of possible violations that would allow some large class of people to claim harm. They then determine which venue might be most favorable to file suit in. Only after they've done all the prep work do they actively shop for plaintiffs. The legal system in the U.S. is rather permissive when it comes to civil suits. You can pretty much sue for almost anything. Does not mean you'll win, however, most large corporations just settle because the cost to go to trial is rather steep. Remember, class action plaintiff firms wouldn't exist if this tactic didn't regularly yield large fees for the firms who engage in these practices.

However, this tactic may not work with Apple. They have a demonstrated willingness to litigate through trial.

Tort reform is really something that needs to be addressed. There should be more consistency across jurisdictions to reduce venue shopping and some reasonable check to stop frivolous claims (not that this claim is necessarily frivolous).

Cheers,

I have less an issue with before/after work checks.

However - if you are an hourly employee in the US - and work a certain # of hours - the employer is legally required to give you x# breaks/x minutes for lunch. Check in and outs should not be part of that time. And if it is - the employee should either get them back in paid comp time; extend their lunch time to accommodate; or equiv.

 

[Lennholm]

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.

As an hourly employee, every minute counts.

I worked for Apple Retail for 3 years...$8.25/hr. 15 minutes = $2.0625. That's $2.0625 every single time, every single shift.

When I was a teenager, that wasn't small potatoes. That added up!

How do you know that he was getting paid while his computer booted? When I worked at AppleCare, I didn't start getting paid until I launched the logging application and logged in to the system. This meant that if the logging application had a mandatory update that needed to be installed first, I would not get paid while that was in progress. It was only at the mercy of the manager of the day that this time wasn't also marked as unauthorized absence.

 

[bbeagle]

Is the teacher salaried or hourly?

Does it matter? If a teacher needs to be at work, in the classroom at 8am to 3pm, the teacher needs to arrive a few minutes earlier to go through the metal detectors. You can't 'clock in' until you're into the building. And you need to do this every time you go out for your REQUIRED BY LAW lunch too!

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.

Your lunch break is being shortened by having to go through the metal detector on the way back in. You have exactly an hour from the time you leave your classroom until the time you return. Everything in the middle is a delay.

I guess if there were building repairs requiring you take an extra few minutes to go down a different hallway and exit and enter in a different entrance, you'd be for the lawsuit as well?

 

[MegamanX]

They did this at a Amazon factory when I worked there. They averaged around 3 minutes to check each person's bag during our "break" time, and on the worst days (during holiday season) would go up to 10 minutes each per person (Quite a lot of temps got caught stealing when they are hired during Holiday)

Its bulls**t that they took a long time to waste our break time because others are stealing. Of course we had to "suck it up" and not get paid for the time they took to search our bags. Just because some temps do it, does NOT make it legal to not pay us for our wasted break time, at all. I dont care if they make us wait 15 seconds, they need to pay us for waiting on THEM to get out.

The plantiff will easily win. I hope other businesses take a glance and change policy.

And you just summed up why I want Apple to get taken to the he cleaners for this.
It is not about apple but about setting a very strong precedence.
Apple losing will force everyone else to clean up their act really fast.

 

[samcraig]

Does it matter? If a teacher needs to be at work, in the classroom at 8am to 3pm, the teacher needs to arrive a few minutes earlier to go through the metal detectors. You can't 'clock in' until you're into the building. And you need to do this every time you go out for your REQUIRED BY LAW lunch too!

Your lunch break is being shortened by having to go through the metal detector on the way back in. You have exactly an hour from the time you leave your classroom until the time you return. Everything in the middle is a delay.

I guess if there were building repairs requiring you take an extra few minutes to go down a different hallway and exit and enter in a different entrance, you'd be for the lawsuit as well?

There is a huge difference in laws protecting hourly employees vs salary. So yes- it does matter.

And let's not throw any random analogies in that don't work either, shall we?

 

[Dontazemebro]

Lucky me. I stay on the clock the entire work week.

 

[MacAddict1978]

So who checks the managers bag?

Is this a common practice at other stores?

You have to do bag checks in retail stores. Employee theft is usually 10 times greater than customer theft.

In 17 years of retail management, I've never see this practice not used. And when managers leave, the employee leaving with them checks their bag, and the entire closing shift always leaves together.

What they should be doing is checking the bag, and then once checked, the employee then clocks out for the break. They should not be clocking out before the bag is checked.... this is where Apple is going to have issues.

Labor laws are state laws, not Federal.... so as such, this practice may be legal or illegal on a state by state basis.... but generally time worked equals time paid.

And to say don't bring bags is not practical. What if someone is a student and can't make it home before work? Or they have a second job? Or they live in a commuter city and want to work out at the gym after work and have to stow a bag in a work locker?

Again, the solution is simple. Check bag, then employee clocks out.
For closing shifts, because everyone is leaving together, the bag check would be fast. During the hours the store is open, the manager might be occupied with a customer or an issue in the store, which is why the employee waits.
On closing, they are all leaving together so non issue.

And to those who say "I have to wait for my comptuer to boot up when clocking in and don't get paid while I wait" you are supposed to be ready to start work the second you clock in. I don't think that your situation is quite the same.

 

[GermanyChris]

why would you shut down your pc every night?

It saves power and a significant amount of money if you have enough systems. We leave ours on Wednesday night so IT can push through updates other than that you power down.

 

[Rootus]

My Paid hours are 9-5:30 Monday-Friday.
My actual hours are 7:45-6:45 Monday-Friday.
There is supposed to be an hour's lunch in there somewhere, but rarely is.
Oh and then I do work in the evening and at weekends remotely!

Heh. My paid hours are 8-5 M-F, my actual hours are 6:30-2, there's supposed to be an hour's lunch in there somewhere but I usually take about 15 minutes extra. I only get paid ~50 bucks/hour tho. Sometimes salaried jobs rock...

 

[Zerilos]

This would never have happened if Jobs were still alive. Kidding, just had to say it; however I'm certain somebody beat me to it and was being serious.

 

[charlituna]

I've listed about 6 or 7 just from my own experience. There's a guy where I work that has severe vision problems. He can see (barely), but needs to carry a white stick for crossing roads coming in and out of work. Where should he keep that?

He'll keep it where he and the managers have determined is appropriate under ADA requirement.

But he is not the norm. He is an outlier and yet everyone here is assuming that every person that works for Apple is also an outlier and has to bring something. Not likely true. I bet for the two people suing it wasn't true either. They likely had zero reason to bring anything and chose to, knowing the policy. A policy which so far no one has found a law preventing or defining having your personal items brought by your choice checked as 'work'

 

[sectime]

Really? They're already making near minimum wage, and they get very short breaks, which are illegally being shortened by the company. And you're going to take the company's side in this?

No wonder we have a shrinking middle class in this country, people are dolts.

Don't fault Apple for bringing part of the Foxconn experience to the USA

 

[Xenc]

Clock the employees before/after the checks, so that they're carried out on Apple's time.

 

[dmunz]

<snip>

I am also not a lawyer. I am a high-school graduate. Who wanted to be in a lawyer. And then things happened . . .

You could try staying at a Holiday Inn Express...

FWIW
DLM <- Not contributing to this thread at all.

 

[sectime]

Heh. My paid hours are 8-5 M-F, my actual hours are 6:30-2, there's supposed to be an hour's lunch in there somewhere but I usually take about 15 minutes extra. I only get paid ~50 bucks/hour tho. Sometimes salaried jobs rock...

My Mercedes mechanic makes more than that.

 

[macchiato2009]

Clock the employees before/after the checks, so that they're carried out on Apple's time.

doesn't work this way

to clock in, clock out, you have to use an app on the Mac called Tacico

Macs for that purpose are in the break room


you don't have to have your bag check when you arrive

but after you have clocked out, you cannot have your bag check near the breakroom and sometimes when you call the manager, it can take 10-15 minutes before there is one available for you...

this is really annoying at lunch time and when you end your shift

 

[charlituna]

I live in New York City. No car. Now tell me why you are so anti labor

I'm not anti labor, when labor has a valid point. These two people don't. Neither do won't of the folks posting here cheering them on. No one has found a law or case that makes bag checks a work function and thus required to be paid,when talking about personal items you choose to bring. Nor has anyone proven their claims that it actually takes that long every time etc. and yet everyone is quick to say 'apple is evil' and 'this is wrong'

If they were talking about requiring you to do work related training like learning mavericks or logic X on yr own time and on your own equipment or requiring you to download iOS 7 to learn it but you have to pay for it out of your own pocket or be fired then they would have a valid point. But if I choose to learn Logic X on my own or choose to sign up as a developer and get iOS 7 that is my choice. And outside of a few outliers most folks don't have to bring their iPad, a book bag etc but choose to. So they created the mess themselves and need to take responsibility for it.

 

[GermanyChris]

My Mercedes mechanic makes more than that.

most mechanics make somewhere around that and get paid by the flat rate hour. Good mechanics can turn 60 to 80 hours a week a $35-$80 and hr. It's a good living if you're good at it.

----------

I'm not anti labor, when labor has a valid point. These two people don't. Neither do won't of the folks posting here cheering them on. No one has found a law or case that makes bag checks a work function and thus required to be paid,when talking about personal items you choose to bring. Nor has anyone proven their claims that it actually takes that long every time etc. and yet everyone is quick to say 'apple is evil' and 'this is wrong'

If they were talking about requiring you to do work related training like learning mavericks or logic X on yr own time and on your own equipment or requiring you to download iOS 7 to learn it but you have to pay for it out of your own pocket or be fired then they would have a valid point. But if I choose to learn Logic X on my own or choose to sign up as a developer and get iOS 7 that is my choice. And outside of a few outliers most folks don't have to bring their iPad, a book bag etc but choose to. So they created the mess themselves and need to take responsibility for it.

They did, it was a few pages back.

 

[howyoudoin]

oh every woman must carry that with them i forgot... all employees have diabetes, every woman needs 55 tampons a day, everyone needs an epi pen on them too, oh and don't forget..... jesus give me a break

IS apple paying the ones who need to bring those items in? Nope so the argument still doesn't stand. No wonder workers rights are being tossed around here in the states. Just embarrassing

 

[Digital Skunk]

Glad that it's going back 10 years. I can't wait to get my $21.55 that Apple owes me for the bag checks.

It's not like Apple Retail EVER paid it's employees very well to begin with.

 

[charlituna]

And this person has to go out of his way to work around that tight schedule for something Apple wants to do in an illegal way because? It is not legal for them to demand this outside the clock and not pay them.

If you know that it is illegal then you know the exact law. The one that says that companies have to pay employees for the time that they are having personal items that were voluntarily brought on the grounds checked for loss prevention etc purposes.

So please educate us on that law.

This is why Apple employees have to submit future iphone innovation suggestions on the clock and not outside, because doing so outside would obligate Apple by law to pay them for their time. Simple as that.

More likely its to claim ownership of the idea. You did it on the clock so you were already paid for it so you can't sue if Apple uses it. Employees have likely signed this understanding when they were hired, do so when they submit it or even both

 

[howyoudoin]

doesn't work this way

to clock in, clock out, you have to use an app on the Mac called Tacico

Macs for that purpose are in the break room


you don't have to have your bag check when you arrive

but after you have clocked out, you cannot have your bag check near the breakroom and sometimes when you call the manager, it can take 10-15 minutes before there is one available for you...

this is really annoying at lunch time and when you end your shift

Glad to hear actual Apple employees chime in so we can understand it better. I'm assuming jackets are checked along with everyone who has bags too? Which means you have to wait for them too. Probably should leave the jackets in your car....it's not that cold in the winter /s