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

[HenryDJP]

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!

Thank you very much, I honestly appreciate your response. That clears things up a lot and I agree with you. Many companies don't seem to have this issue worked out at all. Now I worked at a bank and we didn't have to clock in, at the end of the week would have to turn in our time card. We just had to put in the hours we worked or any overtime which is the way most companies should do it to avoid such issues.

 

[FrozenDarkness]

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.

Again they are not FORCED to do anything. There are rules and you are to obey the rules or get fired

this is just ridiculous though. is there a fundamental right for you to bring a bag to work? I don't think there is.

 

[xxBURT0Nxx]

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.

yes, 5 minutes of non pay is killing the middle class...

even at $20 an hour, that's $1.66 for your 5 minutes. that's $8.30 a week. AND let's be real... most apple employees are not being paid $20 an hour.

$8 a week is NOT killing the middle class.

It's lazy people who post things like this thinking they are entitled to everything in this world and stoop to suing people as a solution to their problem who are killing the middle class.

 

[salreus]

I agree with one of the first post. Nobody is making employees bring in items to be checked and requiring them to be screened. People are doing that at their own will.

I know what most likely will happen if Apple does have to pay for these checks. All the employees that never brought in bags will all of a sudden start doing it. Heck I know I would. If I can get paid to wait around 2 times a day up to 15 min, that would be up to 2.5 hrs of extra pay for me for a given week if working 5 days a week. Heck, I would be 3 bags in with me each day to ensure I take extra long to bring in the money.

If Apple does lose I don't think they are going to continue to pay going forward. Why would they. It would save them millions to instead not allow any employees to bring anything into the stores. Sure, that might make some upset and leave. But there is a line of other people willing to take those jobs.

 

[CapnJackGig]

Great way secure your place on the unemployable list. Who'd want to employ a clock-watching, troublemaker?

There's not enough negative things to say about this insane post.

 

[maknik]

The "they knew this when they took the job" is a great solution!

Basically, it solves the problem of minimum wage, for those who think it's a problem and hurts the economy. Just require in the job description that people turn up 3 hours early to do "pre-work" -- unpaid -- before their actual shift starts. Voila! Minimum wage has been circumvented, and no harm done because if they don't want to be effectively paid $2/hour, they shouldn't have taken the job.

 

[gmcalpin]

Nor does spouting your opinion of it being illegal. As many have posted, this is common practice and well established as legal.

It may be common practice, but it is illegal. Or, at least, there is pretty strong precedence that it should be.

The Supreme Court has stated that employees subject to the FLSA must be paid for all the time spent in "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business."

from: http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp (emphasis added)

 

[SkydiveGuy]

okay.

Okay, take your back pay and Apple will also have you clock out after your purse (which you don't need at work) is checked.

Dont be surprised to see the employee discount benefit disappear at the same time.

The squeaky wheel gets the grease. But sometimes, the squeaky wheel gets replaced.

 

[Carouser]

"If you don't like your job, find another one. And if they treat you unfairly there, I'll defend that too. Also, if you want to protect the middle class, allow workers' rights to be gradually eroded. I don't know anything about anything."

 

[HenryDJP]

This seems pretty ridiculous. You have to be able to assert yourself a little more in a situation like that. You just tell him/her that you need to go right now so check my damn bag please. No one should be that afraid of their manager.

While what you're saying sounds good on paper, in reality it's not at all an ideal solution. People have a rent or mortgage to pay, electric bill, car note, family to feed and such and getting firm with their boss about getting out on time can put a target on that employee. Next time that employee makes a slight mistake the manager will get nitpicky and start building reasons to fire the employee.
I'm not at all backing up Apple on this one because I've been a part of multiple class action lawsuits from companies I've worked for due to not paying overtime when we were entitled to it and Apple and other companies need to work out a better system or pay the employee for staying longer but you have to remember that having a job is a privilege and you have to bite your tongue unless you want your livelihood handed over to someone else.

 

[vpro]

Pretty bad.

Well people will law suit about anything these days.

The REAL problem here folks is this:

1) Cheeky little employees always want big companies to do right and to change for their sake because they can't think for themselves.

2) Adapt or suck it up princesses - don't bring your bags to work.

3) Apple should know better too, stupid Apple, they should have a coat check system, area set aside from the main area, for the little brats who work there, they just wave a card to get to and from the coat check area, you can't carry anything in nor out, quick and easy in and out of work too this way.

For a company all about efficiency they sure don't have a brain when it comes to security and common darn sense.

When I used to work for big companies, I GAVE them NO chance to make me feel like a criminal. I don't bring my cluttered Gucci bags the size of a football stadium packed. I always left all my stuff in the trunk of my beat up Civic.

You gotta do these things so these idiot companies don't pull crap like this on you all. Be smart, travel lightly and so when you go through those checks it is just a quick and breezy process, shouldn't ever kick into your break time, sheesh, some people are so dumb.

They need to call off this law suit and just get real, they are going to be eternal employees of stupid companies until they get with the music and build their own empires!

DIG IT?!

 

[oliversl]

Well, 15minutes is too much. 15 x 20 = 5 hours per month lost.

 

[MegamanX]

yes, 5 minutes of non pay is killing the middle class...

even at $20 an hour, that's $1.66 for your 5 minutes. that's $8.30 a week. AND let's be real... most apple employees are not being paid $20 an hour.

$8 a week is NOT killing the middle class.

It's lazy people who post things like this thinking they are entitled to everything in this world and stoop to suing people as a solution to their problem who are killing the middle class.

So why does apple not pay them for that time? It is only $1.66 per shift per employee. Over all that is not much more money.

Also that 1.66*4. Remember you have 2 breaks and 1 lunch and end of shift.

That is four times in a single 8 hour shift Apple stole money from you. lets round that to an even $5 per day. That is $20 a week $500 a year and I am being nice with those numbers.

That money adds up fast. That is $500 a year being stolen from you. Tell me how does that make you feel.

The fact of the matter is Apple is making them stay on site waiting for a bag check. if the Bag check is so important pay for it.

 

[Dr McKay]

Well people will law suit about anything these days.

The REAL problem here folks is this:

1) Cheeky little employees always want big companies to do right and to change for their sake because they can't think for themselves.

2) Adapt or suck it up princesses - don't bring your bags to work.

3) Apple should know better too, stupid Apple, they should have a coat check system, area set aside from the main area, for the little brats who work there, they just wave a card to get to and from the coat check area, you can't carry anything in nor out, quick and easy in and out of work too this way.

For a company all about efficiency they sure don't have a brain when it comes to security and common darn sense.

When I used to work for big companies, I GAVE them NO chance to make me feel like a criminal. I don't bring my cluttered Gucci bags the size of a football stadium packed. I always left all my stuff in the trunk of my beat up Civic.

You gotta do these things so these idiot companies don't pull crap like this on you all. Be smart, travel lightly and so when you go through those checks it is just a quick and breezy process, shouldn't ever kick into your break time, sheesh, some people are so dumb.

They need to call off this law suit and just get real, they are going to be eternal employees of stupid companies until they get with the music and build their own empires!

DIG IT?!

So you would sum your argument as

1. Don't bring to light bad company practices so that the company might change for the better.

2. Bend over and take it, travel lightly. Not even a pillow to bite down on.

You "Digging" it?

 

[DakotaGuy]

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.

Why should Apple settle? The burden of proof lies with the employees joining the class action. They can't just say "oh it was about 15 minutes every time for everybody" so let's just call it that. If they actually want to sue Apple then I hope they kept record and documented every minute they feel is owed to them.

 

[Treq]

yes, 5 minutes of non pay is killing the middle class...

even at $20 an hour, that's $1.66 for your 5 minutes. that's $8.30 a week. AND let's be real... most apple employees are not being paid $20 an hour.

$8 a week is NOT killing the middle class.

It's lazy people who post things like this thinking they are entitled to everything in this world and stoop to suing people as a solution to their problem who are killing the middle class.

These things happen a little piece at a time. "The Death of a thousand cuts". Health benefits, retirement plans, cost of living increases... All have dwindled or even been eliminated in many places. So, yes, $8/week is killing the middle class.

 

[samcraig]

Okay, take your back pay and Apple will also have you clock out after your purse (which you don't need at work) is checked.

Really? I mean really? Who are you to tell someone what they do and don't need at work?

What if they bring a sandwich and umbrella to work. They shouldn't dare bring it in a bag?

Maybe someone is a diabetic and takes insulin. They probably shouldn't bring a bag - in fact - they shouldn't work retail, right?

Apple employs a lot of college kids. Maybe those students shouldn't bring their books that they need for class. Or even their iPad if you want to go that route.

Such bizarre comments. I haven't worked hourly in decades but I'm not as out of touch as a lot of insane comments on here who feel that hourly employees should just suck it up and deal; get another job; etc.

 

[jglonek]

This is normal in the retail world isn't it? When I worked at Staples it happened every night. Everyone would finish up, punch out, and wait for the manager on duty to finish up. We would sit around and talk, and when the manager was done they would do a quick bag check and then we were out.

I never saw an issue with it, let alone big enough to file a lawsuit.

What next, lawsuits for having to spend 10-15 minutes walking to your car after punching out because of how big the parking lot is?

 

[sekazi]

This reminds me of that lawsuit in I think Germany where a guy sued the business he worked for for the time it took to get dressed for the job and drive there. The sad thing was I think he won.

 

[samcraig]

What next, lawsuits for having to spend 10-15 minutes walking to your car after punching out because of how big the parking lot is?

No - because your proposed comparison is nothing like the issue being addressed with the lawsuit.

 

[GermanyChris]

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!

Welcome to the hours of salaried employment, would find many a manger who works close to 100 hrs a week on their feet and get paid for 40 or 50. When you move up in the world this is the expectation, but it doesn't apply to hourly employees.

Companies are considered persons. Apple is legally obligated to follow the laws of the land. How about companies taking some "personal responsibility" for following labor laws...?



Maybe they don't have cars? After all, they're making a low hourly wage. Maybe they took the bus and brought their lunch in a backpack?

How about this: how about companies follow the rules? How about not making excuses for them when they contravene labor laws?

Yea, it's kinda hard for middle and upper-middle class types to understand that not everyone has or can afford a car.

oh i forgot, apple makes you bring your bag into work when you show up for your shift...

people always want to put the blame on someone else... maybe you should realize it's YOUR CHOICE, and a pretty simple situation to avoid if you so desire.


you act like it's 15 minutes EVERY day... hardly the case, usually i'm sure it's less than 2 minutes, and on some very busy occasions like black friday you might wait a little longer. Let's be real here.

If it's so insignificant the Apple should have no trouble compensating for that insignificant amount of time.

These employees are hired and compensated under the conditions of the contract between the employees and employer. They are not hired 'to directly add value to Apple during every minute of their assigned shift'. If Apple isn't getting the desired value out of their labor pool, that's Apple's problem - the employees owe them nothing.

EDIT: How many more people are going to say 'it's their choice to bring a bag, they know the policy'? The mere fact of having a policy doesn't mean it's reasonable, just, or legal.

In the USA we don't do employment contracts like Europe, worker rights are not a priority.

Just because it's "common practice" it's okay. However, i mean as with every class action, the details of this case are probably in the puddin'. apple will most likely just pay them to shut up, and that's the point. these people saw an easy win

Not everyone takes up a fight for money , some take it up for the fight in general, and some for actual principals.

Here's an idea, leave your backpack, purse, or dufflebag in the car before clocking in.

Feminine hygiene products, some male hygiene products..How about apple either makes an employee available to check while on the clock, or stops the policy...

 

[FrozenDarkness]

Really? I mean really? Who are you to tell someone what they do and don't need at work?

What if they bring a sandwich and umbrella to work. They shouldn't dare bring it in a bag?

Maybe someone is a diabetic and takes insulin. They probably shouldn't bring a bag - in fact - they shouldn't work retail, right?

Apple employs a lot of college kids. Maybe those students shouldn't bring their books that they need for class. Or even their iPad if you want to go that route.

Such bizarre comments. I haven't worked hourly in decades but I'm not as out of touch as a lot of insane comments on here who feel that hourly employees should just suck it up and deal; get another job; etc.

it' snot hard to understand. you bring a bag you get checked. i bring a bag to the airport, i get checked. i bring my bag to a ballgame, i get checked. i bring my bag to a retail store job, i get checked.

this reminds me, i was late to a ballgame by 10 minutes because of security check. i came like a minute before the game and realized there was a line and was in the game 10 minutes later. i should get a refund right?

 

[Dr McKay]

This is normal in the retail world isn't it? When I worked at Staples it happened every night. Everyone would finish up, punch out, and wait for the manager on duty to finish up. We would sit around and talk, and when the manager was done they would do a quick bag check and then we were out.

I never saw an issue with it, let alone big enough to file a lawsuit.

What next, lawsuits for having to spend 10-15 minutes walking to your car after punching out because of how big the parking lot is?

When I worked retail, you punched out and then left, even if you were the last ones around. Our Manager and Supervisors insisted you didn't punch out until you were literally leaving the building. Once we finished, we never waited for the manager to finish up and leave, we'd just leave for the fire door. Occasionally if we did hang around and wait for him we didn't punch out until he came out of his office turning the lights off.

it' snot hard to understand. you bring a bag you get checked. i bring a bag to the airport, i get checked. i bring my bag to a ballgame, i get checked. i bring my bag to a retail store job, i get checked.

this reminds me, i was late to a ballgame by 10 minutes because of security check. i came like a minute before the game and realized there was a line and was in the game 10 minutes later. i should get a refund right?

Those "comparison" are not even appropriate. Companies should not be making you submit to work related procedures during your own time. It means that you aren't able to get your legally required breaks, you should be clocking out AFTER you are searched.

 

[GoCubsGo]

Great way secure your place on the unemployable list. Who'd want to employ a clock-watching, troublemaker?

Admittedly, policies should ensure checks are done "on the clock".

I couldn't agree more. While they shouldn't have to do this on their own time, they're really screwing themselves for a few bucks.

Now, does a pair of employees qualify for class action status? Or is this another misleading title?

 

[Treq]

Why should Apple settle? The burden of proof lies with the employees joining the class action. They can't just say "oh it was about 15 minutes every time for everybody" so let's just call it that. If they actually want to sue Apple then I hope they kept record and documented every minute they feel is owed to them.

Apple will settle. It is very easy to prove that it is a requirement for employees to be searched before they leave. It should also be easy to prove that this search was performed off the clock. Done. Apple looses. So they settle. The only sticking point is how much back pay should be payed.