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

[billyb2]

Well then she should come into work 10 minutes earlier. Seriously.

Then she still gets docked 10 minutes. You really don't get it.

The point is that they are forced to wait around unpaid. If they were to leave 10 minutes early, they would get docked in pay. But they have to stick around an extra 10 minutes for something work related and don't get paid. They should be paid or allowed to have the bags searched prior to their shift end.

 

[FrozenDarkness]

Then she still gets docked 10 minutes. You really don't get it.

The point is that they are forced to wait around unpaid. If they were to leave 10 minutes early, they would get docked in pay. But they have to stick around an extra 10 minutes for something work related and don't get paid. They should be paid or allowed to have the bags searched prior to their shift end.

they are not "forced" to do anything. This is just the rule. "if you bring a bag, we'll have to check it on your own dime"

I see bringing a bag as YOUR convenience, not Apple's. In fact they probably would rather nobody ever bring a bag.

 

[MacMilligan]

So now you assume they all drive to work.. no going green for you, eh? or bringing a lunch either..

dufflebag? really?

The dufflebag was a joke Brown bag it then throw it in the recycle bin

 

[lolkthxbai]

Hmm, on one side I could understand Apple for enforcing this policy. Every workplace has policies similar to this in order to maintain security. I think Apple should have every right to secure their retail stores. Customers don't get searched because they deal with outside theft differently. However, store employees can use their influence and position to take advantage of a situation to steal products.

From an employees point of view, I don't think it's fair to lose time on the clock because you're made to wait for a manager.

I think Apple should have a right to perform a search. But, this could be easily resolved by arriving 5-15 mins early so when a manager is available you can get along with the search and clock in on time. If as an employee, you don't agree with the policy, you always have the right to leave your job.

 

[Treq]

it's VERY common for salary employees to work well over 40 hours in a week, and they are not compensated for any time "over" a typical 9-5

It's only common practice because people allow their employers to mistreat them.

 

[thefourthpope]

What happened to the good old days when you could strip search an employee in case they were stealing coal, or prevent crop pockets from living off of the farm lest they be inclined to steal, or when you lost your entire day's pay for being five minutes late (and notified after you'd already worked the whole day)? These workers and their ENTITLEMENTS! How dare they seek compensation for their time. If you don't like the rules at the best job available to you, go elsewhere to learn your poverty wages.

/sarcastic rant

To all those saying that 2-15 minutes is such a small bit of an employees' time that those wages shouldn't matter: I hope you think the exact same about the employer that was, very recently, the most valuable company ever.

 

[lazard]

I think Apple should have a right to perform a search. But, this could be easily resolved by arriving 5-15 mins early so when a manager is available you can get along with the search and clock in on time. If as an employee, you don't agree with the policy, you always have the right to leave your job.

Doesn't resolve the 5-15 minutes wasted clocking out for their 30 min lunch break.

 

[xxBURT0Nxx]

What you describe is entering a place of work. What is being complained about here is USING A TIME CLOCK, and being required to perform some action "off the clock" when there is often a VERY small amount of time to perform such tasks as eating lunch.

It's not complaining about the commute because you work for a company that is 20 miles from your house. It's impeding the limited time allotted for lunch/break.

where did i say anything about a commute to work??

I have to wait at a security gate to get into work. And when i come back from lunch i have to wait at a security gate to get into work...

This is no different than having to wait at a front door to get your bag checked...

 

[Yujenisis]

Although the company did not require the employee to bring in a bag to work.

Only Apple sort of does.

Wearing your uniform outside of work is a violation of your employee contract. Some stores even go after employees for wearing the uniform underneath their clothes if it even the least bit visible. There is no store that offers overnight storage to their employees.

That said, in my personal experience as an Apple employee I never felt unduly inconvenienced by bag checks.

Note: I worked for a flagship Apple Store for four years (Specialist to FRS).

 

[Treq]

they are not "forced" to do anything. This is just the rule. "if you bring a bag, we'll have to check it on your own dime"

I see bringing a bag as YOUR convenience, not Apple's. In fact they probably would rather nobody ever bring a bag.

They are forced to stay and wait for someone to search them. They should be paid for their time. It is the law after all.

Edit: also if they work in a cold climate they need to bring a jacket. I'll bet apple will need to check that too.

 

[Rogifan]

If they could prove that it really took 10-15 minutes every time then they might have a case, but I am guessing most times it probably took only a few seconds or at worse a minute or two. Who would have even kept track of the lost minutes? It sounds like someone just wants some of Apple's cash.

Yep cash grab plain and simple. If this policy is so bad then quit. No one is forced to work at an Apple retail store.

 

[wonderspark]

Every secure building I've ever worked in had a system in place for this, such as security personnel and x-ray machines / bag scanners, just like the airports. Also, the security checkpoint is inside the punch clock area.

Apple should have known better than to attempt to cheap out on security by multitasking the managers into being security as well. The lawsuit makes total sense.

 

[deadwalrus]

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.

This issue has been litigated and employees have gotten compensation. If you are at the job, doing stuff for your employer, you should be getting paid. Why anyone would think otherwise boggles the mind.

No wonder unions have gone the way of the dodo in the US. People are idiots.
Or just think of themselves as "temporarily embarrassed millionaires."

 

[harrisondavies]

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.

My employer insists I'm there 10 minutes before the start of my shift and use my own time to ensure that my computer is logged in and all systems operational and that I am ready for work as the big hand strikes the hour...seriously. My argument is that if I arrive on site at the top of the hour that either the system should already be up and running for me to be ready within 30 seconds of arriving on site or that I use company time to log in not my own.

Guess I'll never win that argument.

 

[Jaredly]

This is a very common practice in retail locations. I work at target and we have to be checked before we leave and after we clock out. Also my friends that work at Jcrew, best buy, pac sun, wall mart, and barnes and nobles have to go through the exact same process. For me I usually only have to wait 5 min but there have been times where i have to wait up to 15 if we are busy.

Maybe I should file a class action suit against also....

 

[Rogifan]

They are forced to stay and wait for someone to search them. They should be paid for their time. It is the law after all.

Edit: also if they work in a cold climate they need to bring a jacket. I'll bet apple will need to check that too.

I have a hard time believing employees are waiting 10-15 minutes to have someone check their bag on a regular basis. Unless it can be proven that employees are consistently waiting an inordinate amount of time this lawsuit doesn't deserve to to any where.

 

[HenryDJP]

Then she still gets docked 10 minutes. You really don't get it.

The point is that they are forced to wait around unpaid. If they were to leave 10 minutes early, they would get docked in pay. But they have to stick around an extra 10 minutes for something work related and don't get paid. They should be paid or allowed to have the bags searched prior to their shift end.

Please be kind an explain yourself rather than posting an unnecessary rude response with eye rolling.

You're right, I don't get it because I don't work with your wife, I'm only going by what you stated. You said, your wife comes to work at 7:30 and it takes 10 minutes for her computer to boot up so she can clock in, therefore she's not getting paid for the 10 minutes she wasted waiting for the computer to boot.
So what exactly was wrong with me saying she should come in at 7:20? Is she not suppose to be clocked in by 7:30? Maybe you should've stated what time she was actually due at work???
Ugh....

 

[Treq]

Yep cash grab plain and simple. If this policy is so bad then quit. No one is forced to work at an Apple retail store.

People who think like this are what's killing the middle class. If a company requires you to be at work, then you should be paid for the time you are required to be there. Plain and simple. Apple will settle as they should. And they will change their business practices to conform with current labor law... As they should.

 

[Retired Cat]

This won't be popular but here's two quick reasons why they (the plaintiff) should be laughed out of court.

a) If you don't like your job that much because you feel you are being taken advantage of, then quit your whining and go find another job. You're not a slave to your employer.. same reason why I hate unions today, to protect lazy workers.

b) Don't like bag checks, then don't bring a bag.

Don't be such a whining snot nose brat who's living up to the stereotypical entitlement generation.

Neither of those reasons excuses Apple from stealing wages from its employees. I believe that workers owe Apple their best efforts, and that Apple in turn owes employees the wages they are due for time at work. If the 15 minute checks are required, per company policy, that should be compensated time.

Call me old fashioned, but this has to be fair both ways.


Sent from my iPhone using Tapatalk 2

 

[billyb2]

Please be kind an explain yourself rather than posting an unnecessary rude response with eye rolling.

You're right, I don't get it because I don't work with your wife, I'm only going by what you stated. You said, your wife comes to work at 7:30 and it takes 10 minutes for her computer to boot up so she can clock in, therefore she's not getting paid for the 10 minutes she wasted waiting for the computer to boot.
So what exactly was wrong with me saying she should come in at 7:20? Is she not suppose to be clocked in by 7:30?
Ugh....

My original response was in support of someone else stating they had to wait for their computer to boot up before they log in. Getting there 10 minutes earlier still means you're at the office not getting paid.

In my opinion, if the employee has to use their computer as a timeclock, and said timeclock takes 10 minutes to boot up, they should be paid for those 10 minutes.

It's the same thing as having to wait around to get your bag checked. If your waiting on something (equipment, or someone to security check you), you should be paid.

Edit: And I apologize for any confusion. I assumed that you had read the preceding posts regarding my rant!

 

[Treq]

I have a hard time believing employees are waiting 10-15 minutes to have someone check their bag on a regular basis. Unless it can be proven that employees are consistently waiting an inordinate amount of time this lawsuit doesn't deserve to to any where.

If they are required to stay 1 min, it should be on the clock. If they punch out 1 min early, they don't get paid for that min, do they?

 

[theheadguy]

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.

You have no concept of labor law. If you are under the employer's control, you are on work time, especially as an employee under the FLSA (hourly). This issue is constantly entering the court of law, and over time it continues to become clear that companies, and even governmental employers, cannot do this without compensating the employee. What a ridiculous comment that continues the spread of ignorance.

 

[szw-mapple fan]

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.

Yes, but would companies want to employ people who file lawsuits at their employers? Would you hire someone that you know might sue you for money (even if their cause is justified)?

That's the way it is. Most employers don't care for your moral high ground.

 

[Tronic]

Reminds me of my days working retail and having bosses who would say we'd be having a mandatory meeting but wouldn't be paying us to stay late. When some of us spoke up, it switched to an unpaid conference call... Not sure who called in, I know I didn't, and no I wasn't fired.

 

[Dr McKay]

My employer insists I'm there 10 minutes before the start of my shift and use my own time to ensure that my computer is logged in and all systems operational and that I am ready for work as the big hand strikes the hour...seriously. My argument is that if I arrive on site at the top of the hour that either the system should already be up and running for me to be ready within 30 seconds of arriving on site or that I use company time to log in not my own.

Guess I'll never win that argument.

At work my Sergeant insisted to me I arrive 15 minutes before my shift. The reason is lost of other people in the office arrive 5 minutes early, stand around in the Rest Room making Tea and Coffee and chatting for ages, past their shift start. I politely declined to arrive early, because I generally come in 5 minutes before my shift starts, and I'm at my desk at that point. When he tried to kick up a fuss about it, I told him my written orders state my shift starts at 08:00, and I will not turn up early unless he amends the orders to say otherwise. He stopped pursuing the matter.

Please be kind an explain yourself rather than posting an unnecessary rude response with eye rolling.

You're right, I don't get it because I don't work with your wife, I'm only going by what you stated. You said, your wife comes to work at 7:30 and it takes 10 minutes for her computer to boot up so she can clock in, therefore she's not getting paid for the 10 minutes she wasted waiting for the computer to boot.
So what exactly was wrong with me saying she should come in at 7:20? Is she not suppose to be clocked in by 7:30? Maybe you should've stated what time she was actually due at work???
Ugh....

The fact is she's performing 10 minutes of unpaid work every morning, against her will. The Boss is making her come in early to ensure that the Companies inadequate systems are ready for her to clock in on time. 10 minutes a day adds up quickly if you're paid by the hour. The Company clock in machine should be ready for her.