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

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charlituna said:
That you are NOT required to bring to work.if you choose to do so then that's on you
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True. How reasonable is it for Apple to expect it's retail staff to not have iPhones, iPods, iPads, MacBooks, etc though?

"Sell our insanely great products, be our top evangelist, provide excellent service, be the smiling face of AppleCare! As a bonus we'll let you enjoy pretty great discounts on almost all of our products, buy them and enjoy them! But if you want to have these insanely great products then be prepared to blow 45-60 minutes a week waiting on a manager to glance at them before you can go..."

Sure, sounds perfectly reasonable, what was I thinking... :rolleyes:

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mabhatter said:
Just make sure your personal phone is a Samsung!
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Haha, good point! Honestly I would have considered it in my Genius days if the Galaxy S3 / S4 had been available.
 
charlituna said:
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.
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Who said Apple was evil? Anyone?

p.s. Read this post and you'll see why Apple is potentially liable. https://forums.macrumors.com/posts/17655096/

And I think you're misunderstanding me. First - I believe Apple is innocent until proven guilty. I also believe that if employees believe they have been "wronged" - they have every right to pursue matters legally. That doesn't make their claim automatically frivolous.

If those that want Apple to be innocent until proven guilty - I think it's just as reasonable to give the same credence to those suing. The courts will decide.
 
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AppleScruff1 said:
Funniest post I have read in this thread. The ultimate Apple defense.
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You might think it is funny but in court it will be a defense used and it will probably win. Apple will pull out a signed confirmation of the whole bag/tech check thing that states that you aren't required and are encouraged not to bring personal items into the store blah blah. And their lawyers will have the case law folks around here can't seem to find. And this will get tossed. And if it doesn't Apple employees will be suing because Apple will ban all personal bags and tech outside of ADA required accommodations. And yes including your iPhones. Kids need to find you, give them the stores main number or nice managers might have a direct line to the managers office but only for real emergencies.

I don't know any women who share your point of view, but by all means do whatever is best for Apple.
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That you don't know them doesn't mean they don't exist
 
HobeSoundDarryl said:
I can't believe we've made it to page 4 without the 2 most typical comments when anything comes out against Apple:

Die, Apple employees, Die!

-and-

Apple should just buy Apple.​

But I guess neither work well in this particular incarnation. ;)
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I thought the policy was in place to make Safari feel s n a p p i e r!
 
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Lennholm said:
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.
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Actually there has been several cases that have stated that booting up your work computer counts as compensable work

http://www.wagehourinsights.com/off-the-clock/starting-computers-and-reading-e-mail-may-be-compensable-work/
 
Pleeeese. How many bathrooms breaks do you take while you're on the clock? Maybe Apple should ask for those millions back? Wanna go tit for tat? Sounds like sour grapes to me.
 
samuelelbaz said:
Wow, people get worse all the time. They whine about everything, its a job not a fun zone. This is another stupid law suit in this country, that is obsessed with suing everyone and company. Who gives these people jobs to begin with hopefully they get fired and hire people who know what work is and means. If they were that bothered by there 5 minutes they should quit, when it happened.
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They could have quit, they could have filed a complaint while they were there.

This reeks of two folks that could have actually been fired, not left, trying to eek out some money more and even embarrass their former employer because they know that this kind of press happens with all things Apple

At least when the geniuses filed about breaks they could prove no accommodation was in the schedule for their break, appointments could and were booked the whole hour etc. so apparently such accommodations were added and managers were firmly reminded that it was part of their job to make sure they didn't block geniuses from taking their breaks and on time. They couldn't do things like ask the genius to take one more person before taking break etc
 
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charlituna said:
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.
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You are completely missing the point. The point is they have to be at work longer than they legally have to, even if it's just by 5 minutes, or it's avoidable it doesn't matter. The fact that they are not paid for their presence outside of the clock is ILLEGAL. Why they are held back and if they can avoid it is IRRELEVANT even if they are not actually performing job duties. Just because other companies do it doesn't mean it is legal, then they are all in the wrong here. This is straight from the labor department right here:
Do you allow Shorter Meal Periods?

30-minute minimum

We will permit employers to offer a shorter meal period of at least 30 minutes:

Without application by the employer
Only if it causes no hardship to employees
20-minute minimum

Employers may offer a meal period of at least 20 minutes:

ONLY in special or unusual cases
After we investigate
With the issue of a special DOL permit I doubt they have this.
Also, there's the issue of overtime pay, which they are not exempt from.
 
krye said:
Pleeeese. How many bathrooms breaks do you take while you're on the clock? Maybe Apple should ask for those millions back? Wanna go tit for tat? Sounds like sour grapes to me.
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Except - once again - people are ignoring the LAW.
 
jasvncnt said:
Huh? What is "at will employment?" Aren't most jobs "at will?" And that makes no sense.
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Go to law school or at least study up on employment law and you will soon understand the legal definition of "at will employment" and its effect on the employee-employer relationship. Until that time you might want to refrain from criticizing other posters about their comments on topics you don't really understand yourself.
 
soundguyami said:
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.
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I would doubt it would get thrown out as people need personal items (medical supplies and so on) so waiting on a manager to "check you out" has been an ongoing problem.
 
Apple only has lunch breaks of 30 minutes. If you count the bag check, it becomes less than that which needs to be inspected by law, which obv. was not.
 
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appleisking said:
Apple only has lunch breaks of 30 minutes. If you count the bag check, it becomes less than that which needs to be inspected by law, which obv. was not.
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Right, but the question of whether employees had other options for lunch; i.e. stay in-store; leave w/o bags because they were secured, still has not be answered. I suspect it will when Apple files its response.
 
simple matter of fact is they're being held after hours, not being allowed to leave by the company (amount of time is inconsequential) and not being paid for their time.

where do you draw the line? 1 minute? 10 minutes? how about 30 minutes? is your time more/less valuable than someone else? what if you have to pay a baby sitter to hang around an extra 15 minutes every night?

i think this is largely blown out of proportion, but you can't say an employee's time is worth nothing.
 
mustang_dvs said:
Even better, if your supervisor thinks it's hilarious to change the language on your iPhone/iPod/iPad to Mandarin, Thai, Arabic, Korean, Cyrillic, etc, every. single. time. he 'investigates' your serial number.
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Then you file a complaint against your supervisor. If the point is to have your serial number checked against some list there is zero reason for your phone to leave your hand anyway. Pull up the serial, turn it so he can read it from your hand and done.

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skottichan said:
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).
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And where are the one people suing about the no food. I'm on a diet and everything in the restaurant is fried, covered in gross gravy etc. I should be allowed to bring in my carrots etc. it's illegal of them to make me eat their nasty food or go hungry.

I guess if Apple owned restaurants we'd have such suits
 
akadmon said:
Apple could achieve the same near zero loss by simply implementing random checks as a deterrent to the few dishonest employees.
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And then they would be sued by someone claiming that the checks aren't random. That the managers only check the guys, or the blacks, or the bus riders or the what ever.
 
charlituna said:
You might think it is funny but in court it will be a defense used and it will probably win. Apple will pull out a signed confirmation of the whole bag/tech check thing that states that you aren't required and are encouraged not to bring personal items into the store blah blah. And their lawyers will have the case law folks around here can't seem to find. And this will get tossed. And if it doesn't Apple employees will be suing because Apple will ban all personal bags and tech outside of ADA required accommodations. And yes including your iPhones. Kids need to find you, give them the stores main number or nice managers might have a direct line to the managers office but only for real emergencies.



That you don't know them doesn't mean they don't exist
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What I find funny is how some people go all out to defend anything that is even remotely negative about Apple. And they don't even work for the company. Priceless.
 
samcraig said:
I'm a student. I want to bring my books and/or my iPad to and from class because I either come from school or go after my shift.

Pocket?
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AppleScruff1 said:
Maybe those cargo pants? :D
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My son actually does this for school (well, actually, for everything, all the time). iPad Mini, in pocket of cargo pants. With full size cans on his head. But he has Aspergers, and doesn't give a damn. If he was old enough to work at Apple, he'd probably just get searched, THEN go punch out. And yes, he'd find a way.
 
MacMilligan said:
Here's an idea, leave your backpack, purse, or dufflebag in the car before clocking in.
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What if you don't have a car?

It seems perfectly reasonable to me in this economy that people are taking whatever jobs they can get. Then, because all they could get was a retail job, they have to take the bus and pack a lunch rather than eat out. So maybe you are carrying a reusable lunch bag and a purse (if you're female as I am) on any given work day. Let alone if you work a second job or attend school on work days.

All the people in the forum talking about how "you don't have to bring a bag!" might be a little out of touch with the way people function on this sort of income.
 
charlituna said:
Then you file a complaint against your supervisor. If the point is to have your serial number checked against some list there is zero reason for your phone to leave your hand anyway. Pull up the serial, turn it so he can read it from your hand and done.

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And where are the one people suing about the no food. I'm on a diet and everything in the restaurant is fried, covered in gross gravy etc. I should be allowed to bring in my carrots etc. it's illegal of them to make me eat their nasty food or go hungry.

I guess if Apple owned restaurants we'd have such suits
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I really don't know why you're bringing that comment up as defense it has nothing to do with the issue at hand. The employees have to submit to a bag check, they have to do it at a time they are not paid for. This is simply put, not allowed. End of story. As for not being allowed to bring food into the restaurant, I don't know if that's allowed or not, so no comment.

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AppleScruff1 said:
What I find funny is how some people go all out to defend anything that is even remotely negative about Apple. And they don't even work for the company. Priceless.
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Yup, even if the law clearly states Apple is wrong.
 
JAT said:
My son actually does this for school (well, actually, for everything, all the time). iPad Mini, in pocket of cargo pants. With full size cans on his head. But he has Aspergers, and doesn't give a damn. If he was old enough to work at Apple, he'd probably just get searched, THEN go punch out. And yes, he'd find a way.
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They have a lot of pockets and plenty of room to carry things. If it works, why not?
 
charlituna said:
I guess if Apple owned restaurants we'd have such suits
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You keep thinking this is about Apple specifically. It's not. You are just reading about this ONE case because this is an Apple-centric website. Do you think these lawsuits (or similar) aren't brought towards other employers? They are.

Again - I have to question why it's ok to give Apple the benefit of the doubt (or consider them innocent of breaking a labor law) before found guilty but the employees aren't given the same respect.
 
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