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

[Bigdawg4]

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.

NO, that is not the solution!!! The solution is plean sign this document that IF you bring personal bags to work with you they will be subject to search on your time not company time. If you submit to the above statement please sign below. If not thank you for considering employment with us and good lucj with your job search. There are millions of unemployed people that would agree to these searches if they could make $15/hr

 

[weaverra]

When you have 15 min for break that doesn't mean you get 15 min between the time you enter the breakroom and leave. It means from the time your break is supposed to start and the when you get back to doing your job task. Lunch is the sameway. 30 mins = Time you clock out til time you are back to your job task. That's how the real world works. Companies loose more hours to people taking 5mins after breaks and lunches to get back to work. People take their break in the breakroom and when the 15 mins are up they go to the bathroom. Same with lunch. I have seen this all too often.

 

[jlgolson]

NO, that is not the solution!!! The solution is plean sign this document that IF you bring personal bags to work with you they will be subject to search on your time not company time. If you submit to the above statement please sign below. If not thank you for considering employment with us and good lucj with your job search. There are millions of unemployed people that would agree to these searches if they could make $15/hr

Except that's not how the law works. You can't just sign away legal protections like that.

Under your theory, Apple could require employees to work for less than minimum wage and if they don't like it, "good luck with your job search".

 

[Nunyabinez]

I read your post and you make good points. But please explain these points I have. I'd like your opinion on them.

1. Not everyone has a trunk of a car to leave a bag in (think globally and not just inside the USA). On Apple store wages a lot of people can not afford their own car, and have to use public transport.

2. Apple store wages are low. And the workers might want to save money by bringing their own lunch and not buying out every day. And since you can't eat it instore, you have to have whatever the lunch is packed in, checked before you leave the store. If there was a meal or food allowance within the wages then Apple would have a point. But since there is not, Apple don't have a valid reason for this.

3. "Since there was a clear remedy for this that would be easily implemented by an employee" I disagree. What if you walk to work and need to use an umbrella if it starts to rain. And you have to have a bag to store it in if it rains, or you need to take some medication with your lunch you need a bag to put it in etc etc. If something is a requirement of the job, it should be required to be done on the clock and not off it. The only exception I would allow for this, is if there were staff lockers where the staff could securely store their bags, provided for by Apple in such a way that bag checks before and after shift were no longer required. If this is not the case then this lawsuit does have fair grounds to proceed in my opinion. And as much as I like Apple, I hope the plaintiffs win this. They are in the right.

But with the US justice system as it is, it's impossible to tell if the party in the right will win.

I'm guessing that you are not from the US. That's not meant to be anything other than an observation. Countries outside the US have a much stronger desire for equality, whereas much of the US tends more towards equity. By this I mean why do I have to make accommodations for the fact that you don't own a car?

When I was young I worked two jobs and went to school so I could have a nice car. If someone doesn't want to make that sacrifice then fine. But, if you don't have a car and have to take public transportation and that means you have to bring a bag and have it searched, then that is just too bad for you. It's part of a series of life choices you can make.

I imagine that sounds harsh, but many Americans feel like we are being forced to bend over backwards to make things equal. If you didn't bother to get a good education so that you could have a decent paying job, why should I, who put forth the effort to get advanced degrees have to pay so that you can have free health care? And my parents didn't pay for any of that.

As to your point of bringing an umbrella or other bags to work, I would again just ask, who should pay for your right to bring an umbrella? You are suggesting that the employer should pay you for having to search you so that you could bring an umbrella. I respectfully disagree. I agree that if there were training, or other required things the company should absolutely pay you for your time, but optional things, like bringing a bag to work are on your own time.

I personally dislike the policy. I would rather that the policy be no bags allowed because I feel like the daily searching is a demeaning practice, and sends a poor message to your employees, but something has to be done. And I still think in this case Apple will prevail in court because of the specifics of this situation.

 

[BJMRamage]

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.

idunno.
probably why I mostly stopped my freelance...I'd forget to send out invoices.

I guess if it was me, i'd try and find teh manager on duty before my lunch break, or when i was scheduled a stop in my shift. it feels more like they'd clock out and then try and get the manager who might be with a customer.

and it sounds like it could take up to 10-15 minutes of time waiting...not that the manager would be there until that time.

but doesn't much matter to me now. i have a salaried job and thus i don't have "hours" i get paid the same for 35 or 55 hours a week.

 

[mattster16]

Medical supplies don't necessarily have to be brought in to work... could easily be left in your car it's not like you park 10 miles away.

How do you know? Maybe they do need medical supplies. Also, not everyone has a car you know. Particularly people making a sub-living wage in retail.

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This is about your "middle class" attempting to rob from a billion dollar corporation.

Who is robbing who here?

 

[xxBURT0Nxx]

How do you know? Maybe they do need medical supplies. Also, not everyone has a car you know. Particularly people making a sub-living wage in retail.

Already been over this argument many times… give it up, there are plenty of solutions where you don’t always need a bag. YES, there are SOME instances where a person may need a bag, but that is not a majority situation. People are acting like it’s impossible to go to work without a bag. If they got rid of searching the people who really don’t need to bring bags, there would be less wait time for those who actually DO need bags. Problem is everyone thinks they are so entitled to free money because OMG I need to have a bag at work to hold my lunch… No you don’t plain and simple. This thread just goes to show why America is becoming such a lousy country with a pathetic workforce.

 

[Bigdawg4]

Except that's not how the law works. You can't just sign away legal protections like that.

Under your theory, Apple could require employees to work for less than minimum wage and if they don't like it, "good luck with your job search".

That is not even close to the same thing, we all can get technical with any other anology. The nearest place for me to park at my work is apr 9 min away by foot, I am not compensated for that time. Its not my fault my employer doesnt have adequate parking closer to my work station. I should be compensated form th emoment I physically arrive on my employers property. Shouldnt I? No, I shouldnt. I also have to wear button down shirts and slacks to work, shouldnt they have to pay for that? I mean if I were at home I'd be in some shorts and tshirt. I should be reimbursed for having to follow there dress code. Right? No, there are certain things I have to deal with if I want to work here, I agree to them and gladly take home my salary.

 

[mattster16]

I'm guessing that you are not from the US. That's not meant to be anything other than an observation. Countries outside the US have a much stronger desire for equality, whereas much of the US tends more towards equity. By this I mean why do I have to make accommodations for the fact that you don't own a car?

When I was young I worked two jobs and went to school so I could have a nice car. If someone doesn't want to make that sacrifice then fine. But, if you don't have a car and have to take public transportation and that means you have to bring a bag and have it searched, then that is just too bad for you. It's part of a series of life choices you can make.

I imagine that sounds harsh, but many Americans feel like we are being forced to bend over backwards to make things equal. If you didn't bother to get a good education so that you could have a decent paying job, why should I, who put forth the effort to get advanced degrees have to pay so that you can have free health care? And my parents didn't pay for any of that.

As to your point of bringing an umbrella or other bags to work, I would again just ask, who should pay for your right to bring an umbrella? You are suggesting that the employer should pay you for having to search you so that you could bring an umbrella. I respectfully disagree. I agree that if there were training, or other required things the company should absolutely pay you for your time, but optional things, like bringing a bag to work are on your own time.

I personally dislike the policy. I would rather that the policy be no bags allowed because I feel like the daily searching is a demeaning practice, and sends a poor message to your employees, but something has to be done. And I still think in this case Apple will prevail in court because of the specifics of this situation.

You sound more like someone who is spiteful of others that aren't just like you than you do like someone who advocates "equity" as you call it. Just saying...

Telling someone they are not allowed to bring a bag to work isn't demeaning? Or that they don't have the right to have an umbrella with them? Unreal.

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Already been over this argument many times… give it up, there are plenty of solutions where you don’t always need a bag. YES, there are SOME instances where a person may need a bag, but that is not a majority situation. People are acting like it’s impossible to go to work without a bag. If they got rid of searching the people who really don’t need to bring bags, there would be less wait time for those who actually DO need bags. Problem is everyone thinks they are so entitled to free money because OMG I need to have a bag at work to hold my lunch… No you don’t plain and simple. This thread just goes to show why America is becoming such a lousy country with a pathetic workforce.

It doesn't matter if the majority of people don't NEED a bag. If someone NEEDS a bag and Apple wants to search that bag daily on that person's personal time what is your proposed solution? Just because it isn't the MAJORITY doesn't mean you can ignore it. That is not how the law works. Free money because someone wants to bring a lunch to work? You are grasping at straws.

 

[kenetic]

Waiting on line and wait to be search. Very stressful....

 

[ScottNWDW]

Every retail position in a mall I have ever worked at required bag inspections when leaving the store. I was also in management in these stores and everyone, managers included had to have their bags inspected. In some stores even had to pat yourself down or show you had nothing in your pockets.

If you don't want your stuff inspected don't bring it to work and/or don't work there. This lawsuit it is nothing but a joke. Since every Apple store I've ever been to has at least 2 greeters at the doorway I don't see where this wait should be very long at all. In reality the wait time is probably less than a minute.

If you don't like a store's policy, don't work there. You have choices, but if you choose to work retail, realize that this practice is done in almost every retailer in the mall with maybe the exception of the anchor department stores. And again that is just a maybe.

Grow up and get a life already.

 

[Tinmania]

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).

Let me guess, you worked at Amy's Baking Company?




Michael

 

[MegamanX]

NO, that is not the solution!!! The solution is plean sign this document that IF you bring personal bags to work with you they will be subject to search on your time not company time. If you submit to the above statement please sign below. If not thank you for considering employment with us and good lucj with your job search. There are millions of unemployed people that would agree to these searches if they could make $15/hr

That agreement is NOT LEGAL. never hold up in court. Sorry but bend over and take it is not legal nor is it right. There is a reason they have laws to protect against this in place. Far to many companies would try to abuse employees more than they already do.

 

[JAT]

You sound more like someone who is spiteful of others that aren't just like you than you do like someone who advocates "equity" as you call it. Just saying...

Telling someone they are not allowed to bring a bag to work isn't demeaning? Or that they don't have the right to have an umbrella with them? Unreal.

I guess this is the problem with politics, isn't it? You see it one way, others see it the opposite. People don't agree on issues or situations. Personally, I would say being publicly searched is a little more demeaning than rules about what you can bring into your workplace. Can you bring a gun? A dog? Your friends? Companies do have rights to limit what goes on from both their employees and customers. The question is where is the line? And people don't agree easily.

 

[appleisking]

Already been over this argument many times… give it up, there are plenty of solutions where you don’t always need a bag. YES, there are SOME instances where a person may need a bag, but that is not a majority situation. People are acting like it’s impossible to go to work without a bag. If they got rid of searching the people who really don’t need to bring bags, there would be less wait time for those who actually DO need bags. Problem is everyone thinks they are so entitled to free money because OMG I need to have a bag at work to hold my lunch… No you don’t plain and simple. This thread just goes to show why America is becoming such a lousy country with a pathetic workforce.

Your argument is invalid. The only thing that matters in this suit is if waiting on that line can be considered to count as overtime, and if it does then the law stands as is. Apple is already breaking the law by taking time out of your lunch to do this. The only question is are they breaking the law by searching these bags outside the clock. That depends on what overtime means. Does it mean your time, in other words does the employer have to pay you as long as they request that you be there outside the time, or do you actually have to perform a certain job duty as defined in your contract.

 

[KarlAgathon]

Excuse Me, I See a Problem with Your Lawsuit

It is never wise to make arguments in absolute terms. Once you find an exception to the absolute terms, you defeat the argument.

I was an Apple retail employee for a number of years. I worked at several different stores. I never had my bag checked when I went punched in for my shift, when I went on break, when I returned from break, when I went to lunch, or when I returned from lunch.

In my entire career with Apple retail, I may have had my bag checked a dozen or so times when I punched out at the end of the day. I never had to wait in line. It never took more than a minute. It was annoying but no big deal.

And it wasn't because I was special. That is just the way it was for everyone at the stores where I worked.

So, ...requiring Apple Hourly Employees to wait in line and undergo two off-the-clock security bags searches and clearance checks when they leave for their meal breaks and after they have clocked out at the end of their shifts... is false.

So, ...a uniform practice and policy in all Apple retail stores nationwide... is false.

Case dismissed.

 

[Terrified]

Already been over this argument many times… give it up, there are plenty of solutions where you don’t always need a bag. YES, there are SOME instances where a person may need a bag, but that is not a majority situation. People are acting like it’s impossible to go to work without a bag. If they got rid of searching the people who really don’t need to bring bags, there would be less wait time for those who actually DO need bags. Problem is everyone thinks they are so entitled to free money because OMG I need to have a bag at work to hold my lunch… No you don’t plain and simple. This thread just goes to show why America is becoming such a lousy country with a pathetic workforce.

Or, you know, Apple could simply do what a huge number of other companies do and institute a clause that says they can search you if they have good cause to suspect you of stealing? Shrinkage isn't the fault of all employees - it's the fault of the ones who steal. If Apple can't be bothered to work out who is stealing from them and deal with them appropriately, and their response is to treat everyone as potential criminals, then yes, they should pay for that. Not employees who've done nothing wrong.

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It is never wise to make arguments in absolute terms. Once you find an exception to the absolute terms, you defeat the argument.

I was an Apple retail employee for a number of years. I worked at several different stores. I never had my bag checked when I went punched in for my shift, when I went on break, when I returned from break, when I went to lunch, or when I returned from lunch.

In my entire career with Apple retail, I may have had my bag checked a dozen or so times when I punched out at the end of the day. I never had to wait in line. It never took more than a minute. It was annoying but no big deal.

And it wasn't because I was special. That is just the way it was for everyone at the stores where I worked.

So, ...requiring Apple Hourly Employees to wait in line and undergo two off-the-clock security bags searches and clearance checks when they leave for their meal breaks and after they have clocked out at the end of their shifts... is false.

So, ...a uniform practice and policy in all Apple retail stores nationwide... is false.

Case dismissed.

Don't Apple themselves state that the bag search is uniform practice and policy?

 

[samcraig]

I

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?

None of your examples have anything to do with labor laws that exist for hourly employees in the U.S.

 

[acctman]

If I were an Apple retail employee that would certainly annoy me. Half-hour lunch breaks are short enough (I'm a slow eater) without having 5-15 minutes of unpaid wait-time eating into your break.

you can always quit and work somewhere else.

 

[rdlink]

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.

Ridiculous statements all around. At-will employment is a legal definition. Look it up. Further, a job "should" pay what the market will bear for it. If someone with no education, no experience and no technical skills to speak of can only get minimum wage from an employer, that is what they "should" get.

 

[MegamanX]

Every retail position in a mall I have ever worked at required bag inspections when leaving the store. I was also in management in these stores and everyone, managers included had to have their bags inspected. In some stores even had to pat yourself down or show you had nothing in your pockets.

If you don't want your stuff inspected don't bring it to work and/or don't work there. This lawsuit it is nothing but a joke. Since every Apple store I've ever been to has at least 2 greeters at the doorway I don't see where this wait should be very long at all. In reality the wait time is probably less than a minute.

If you don't like a store's policy, don't work there. You have choices, but if you choose to work retail, realize that this practice is done in almost every retailer in the mall with maybe the exception of the anchor department stores. And again that is just a maybe.

Grow up and get a life already.

The everyone else is doing it does not make it legal. You yet again are providing a reason why I want apple to get raked over the coals on this. It is force all the other retail to clean up its act. I would not be surpised if part of the reason Apple is being targeted is they know it is an open shut case and Apple getting nailed will force everyone else to clean up and shape up.

You will be amazed at how fast that 5-15 min wait will drop if Apple has to pay for it instead. Hell Apple would reduce it to less than 1 min as 1 min per shift per employee adds up REALLY fast.

 

[samcraig]

you can always quit and work somewhere else.

Or you can stay and fight for your legal rights.

Let me ask you - if Apple refused to do a warranty repair for you - would you just walk away - or would you fight the issue?

 

[Terrified]

As to your point of bringing an umbrella or other bags to work, I would again just ask, who should pay for your right to bring an umbrella? You are suggesting that the employer should pay you for having to search you so that you could bring an umbrella. I respectfully disagree. I agree that if there were training, or other required things the company should absolutely pay you for your time, but optional things, like bringing a bag to work are on your own time.

Nope. the suggestion is that if the company wishes to keep people behind after their agreed working hours to search said bag/umbrella, they should pay for it.

The bag belongs to, and is paid for, by the worker. There is no fair or valid reason why a blanket search policy should be put in place at the cost of workers who've done nothing wrong. It's Apple's search policy, therefore Apple should pay for it.

 

[xxBURT0Nxx]

Your argument is invalid. The only thing that matters in this suit is if waiting on that line can be considered to count as overtime, and if it does then the law stands as is. Apple is already breaking the law by taking time out of your lunch to do this. The only question is are they breaking the law by searching these bags outside the clock. That depends on what overtime means. Does it mean your time, in other words does the employer have to pay you as long as they request that you be there outside the time, or do you actually have to perform a certain job duty as defined in your contract.

What about my argument is invalid? Good response...

So let me ask you should I be paid for the time I wait at the security gate to get to my office building? How about the time I have to wait for doors to open after I swipe my access card so that I can leave the building? Granted it’s only a couple seconds per door here and there; but I clock out and I have to walk through 5 locked doors UNPAID just to get outside. I suppose I should have a right to being paid that time I lose back because it’s not fair that I wait for security doors to open ON MY TIME!!!

That’s seriously how pathetic of an argument it is to get paid for waiting on a security checkpoint.

Welcome to the real world… almost EVERY large company has some form of security you must pass through to get to and/or from work. What are you guys going to do? Sue every employer because you lost a minute here or there?

 

[bsolar]

If as someone else stated, it is in the policy handbook that states that Apple will specifically perform said action AFTER you are clocked out IF you choose to bring a bag to work anyway, and you SIGNED the contract abiding to the agreement knowing full well what would be occurring then I honestly do not see how you can THEN complain about it.

The fact that you signed a contract doesn't mean that everything in it is valid and you cannot complain about it.

A simple example: in most countries you cannot actually sign away your rights. In my country the law mandates a minimum of 10 paid vacation days every 6 months of employment. Even if I sign a contract which explicitly states that i renounce these vacation days, I still have the right to take them. The employer disagrees? A judge won't care that I signed the contract willingly, contract agreements simply cannot supersede what is mandated in the law one level above it, so these clauses are void.