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Apple Retail Employees File Class Action Lawsuit Over 'Bag Check' Lost Wages
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I don't know if Apple is right or wrong. I do know that if employees suspect their employer of not following the law - they should try and correct that matter. Whether that's moving a complaint up the corporate ladder - or if it went unanswered (we don't know full details) to the courts.
The other arguments in this thread are just silly to me. As if the need to bring a bag into work or not is germane to the what the law states (or does not state).
Not the specific text of the law, but the facts of the case, perhaps. We don't really have many facts yet, just a "he said...." The complaint doesn't state that employees pat downs before leaving are at issue, only bag searches, so bags could very will be central to the case. We need more facts. Complaints only state which part of the law the plaintiff finds the defendant breached among other legal requirements.
If they were on break, maybe they would have a point, but they weren't on break. They were working. If they are waiting for a customer, or if they are waiting for a manager to check their bag, they are working.
No - what I mean is the whole silly notion that an employee doesn't NEED to bring a bag to work. Not germane to whatever law is being questioned. The issue isn't whether or not someone should be able to bring a bag into work or not. The issue is the security screening and paid wages. It's not about the right or need to bring something into the store as an employee.
So? That doesn't mean employers care about it as long as they can get away with it.
Seems like if the employer is making an accommodation for the employee's personal convenience, it would be relevant to the discussion.
For example, "We don't want you to bring a bag to work. But if you want to, you will need to go through a security check after you clock out."
lol... getting paid while waiting for the time machine to turn on? You, sir, must have never worked in an office environment...
Unless you're senior staff you're not getting paid salary, you need to clock in using the secure office web page, and the computer will never be on when you get there... Ever tried to clock in while waiting for a G3 to turn on? ...Better get to work 5 minutes earlier then your already expected 10 minute-early-to-work policy so that you're "ready to work" when you clock in.
All that said - this lawsuit is a joke. This is just another case of our lazy generation feeling entitled to things that no body in their right minds 50, 100, 500 years ago would expect. If you're reading this lawsuit and you even remotely think that the employees should be paid damages for being required to stay a little longer after work you're part of the problem.
If you cannot (or will not without complaining and suing later) to the contract you signed when joining the team, do not sign it and find a different job.
Oh please! Employees should not be bringing personal belongings like backpacks into the store. If you do, those items will get searched on your own time because YOU brought them in. If you don't want your bags searched on your time, don't bring backpacks to work!
This is such utter, complete nonsense.
This is such utter, complete nonsense.
This is true and they are all getting sued for it and the lawsuits are being successful, because it is taking their personal time to check their bags, etc.
Also, there have been some lawsuits about unlawful searches.....these have been having more mixed results.
Bottom line is the courts are being pretty clear overall that even if the searches are ok, they MUST be done on company time. Bottom line is no contract can change what the law requires the company to do.
They can institute whatever policy they want as long as it doesn't violate the law. That's the point. So now we will find out (hopefully) where the law stands vs forum posts implying that the employees are being frivolous and/or Apple is is in the wrong.
But no - needed or not needing a bag isn't germane because that's a matter of opinion, not law.
You (as an example only) telling me what I need or don't need to function during the day isn't germane to whether or not Apple is or is not breaking a law regarding wages and hours worked.
It would never hold up. That is not an acceptable excuse in the eyes of the law here. You can not reasonably expect your employees never to bring personal belongings or bags to work.
Answer is if you want to check the bags and personal belongs it must be done ON THE CLOCK. It is not free. The solution is have a locker room and require all personal belongs to be put in there before clocking in and get them after clocking out. It must be close to where they work. Simple as that.
if you want to check them then you have to pay the employees. No ifs and or buts about it.
So you know what (if any) contract these employees signed?
Do you believe that employees don't have any rights to defend themselves if their employers are breaking a law which affects them? Fact is - you and I both don't know the details. But unlike you, I give the same benefit of the doubt to both Apple AND the Employees. That doesn't make ME part of the problem.
I would argue that you - and those with such Apathy towards employees are part of the problem.
Respectfully, it sounds like you place a very low value on your time.
There's a significant difference between being slow & having little to do when your being paid on company time vs. being off the clock, unpaid, and being detained due to an inefficient company policy.
What about bringing in lunch, a clean T shirt, deodorant, makeup, tampons, medicine, purses? You want people to sit on a bus to work with that lot in a clear plastic bag? You are talking complete nonsense.
Excuse me. It's my business if I want to bring my bag to work and no one can legally prohibit me from doing so. These searches were done during lunch period (unlawful) and after the shift already ended (I believe unlawful but potentially debatable). Maybe you're part of the problem for why our middle class is dying and the corporations are running away with all the money while there are no jobs to even go around. I don't understand why anyone on this forum (I presume predominantly middle class) is on Apple's side when these are precisely the types of corporate practices that are extorting you for your wages.
chances are no one has really fought it before. Or you do what other companies have done. They just give you the average time. AKA if it takes on average 5 mins for the computer to boot up. Guess what you add those 5 mins to your clock in time.
If you fill out your own time card that one you again add in the time on your own. Either way the company is paying for that time.
A lot of places will network boot their computers before the employees get in to solve this problem.
OK. Thanks for clarifying. I understand now in context with the OP you were responding to.
I see what you're saying. No, I don't know what exact contract the Apple employees signed. I would think, however, that a company the size of Apple, with all their legal pull and experience (be it good or bad), would know better then to write a binding contract for employees with loopholes allowing for a case like this to be loss.
This isn't a matter of giving the benefit of the doubt to the employees. This isn't an Apple problem. This isn't a policy problem. This is a cultural epidemic of pathetic laziness.
What's next, guys? Are we going to sue the state for getting stuck at a red light? Saying that the State owes me damages for time spent at red lights? Or WalMart for being stuck in lines? Or Chevy for needing to put gas in my car?
Are you telling me with all the surveillance equipment, detection devices, etc., there is still a need to perform bag checks. What about a policy saying employees are not allowed to bring bags or other containers onto the property. I'm surprise this issue got this far.
Or standing idle doing nothing productive. i.e. checking text and such ON COMPANY TIME!
That is not how taxes work. Why do so few people understand taxes? You'd think most people would know since we all pay them... Lets say up to $10k you are taxed at 20% and after $10k you are taxed at 25% (totally fictional numbers). If you make $11k you are taxed at 20% for your first $10k and 25% for the next $1k. That means you pay total taxes of $2,250 NOT $2,750 like many people would claim. You do not MOVE UP a tax bracket, your additional income just gets taxed at a progressively higher rate. Nobody is 'in' a tax bracket, we are ALL in the same tax brackets at any given time. Someone who makes $1 million is in the same bracket as someone who makes $10k for the first $10k of their income.
As for my opinion on this lost wages lawsuit. I believe these workers are entitled to pay for the time they wait. I can't believe the people on here defending Apple and claiming these people should just shut up and keep working. What is with this constant race to the bottom? And the folks on here saying "well I get paid for 40 hours and work 70"...why not try to change that instead of trying to tear other people down and make them work more for less like you do? Nobody should be taking pride in working more for less like it is some admirable trait. When did our society become so brainwashed?
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Apple isn't saying you can't bring your purse or man bags to work. They're saying you can't take their stuff out when you leave. When you're dealing with products as expensive and as popular as theirs there is no surprise that you would be expected to submit to a search upon leaving the store.
If you don't want to be searched, don't bring your stuff into work. Since most all of Apple's stores are in shopping centers, pay $0.25 for a locker and put your stuff in there. This isn't even about the money. This is about your "middle class" attempting to rob from a billion dollar corporation. If Apple were the size it was in the 80s would this even have been considered fair?
You go to work to work. What is so important that you need to bring in with you anyway? Tampons? Please..
The bold has been said repeatedly in this thread, not sure why. You should understand that a part time retail job does not really put you in the middle class. $15/hr part time is likely under $25k/yr. $18/hr is under $30k. Middle class is more like...double that.
Also, depending on how they are done and the contract, searches are absolutely lawful in the USA. Question for this topic is whether employees should be on the clock for the search.
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