Apple Sued for 'All-Seeing Eye' Employee Device Monitoring Policy

[MacRumors]

California Apple employee Amar Bhakta has filed a lawsuit against Apple for alleged labor violations, accusing the Cupertino company of suppressing employee speech, invading employee privacy though surveillance and inspecting personal data, and clawing back earned wages (via Semafor).

Bhakta sued Apple after Apple prohibited him from speaking about his work experience on podcasts and also instructed him to remove information about his "working conditions and work experiences" from his LinkedIn profile. He says that Apple's policies prevent employees from adequately describing their job responsibilities, accomplishments, and professional growth on sites like LinkedIn, hindering their ability to find employment.

Further, Bhakta claims that Apple employees are prohibited from disclosing the skills, knowledge, and experience they gained at Apple when working for a subsequent employer, plus they are not allowed to speak with each other or outsiders about problems at work like harassment, discrimination, or unfair treatment.

Apple employees are required to use Apple devices, software, and services, and the devices "collect and use the valuable personal data" of employees during non-work periods. The lawsuit states that employees have to agree to physical, video, and electronic surveillance by Apple, with Apple able to search Apple and non-Apple devices and other property when an employee is on "company premises," including in a home office. The Apple ecosystem is described as a "prison yard" for employees, with workers subject to "Apple's all-seeing eye" both on and off duty.

The lawsuit takes issue with Apple's requirement that employees use Apple collaboration tools with an iCloud account, often a personal iCloud account. Bhakta says Apple allowed him to choose to use an Apple-owned iPhone or a personal iPhone for work, and when he chose his personal phone, Apple installed an eSIM and VPN, and required him to use his personal iCloud account to collaborate with colleagues. He claims that Apple has forced him to remain an Apple consumer, and that he is required to continue to patronize Apple.

Bhakta was hired at Apple in July 2020 as a Digital Ad Tech/Operations Manager, and he was required to sign documents listing the Apple policies that are cited in the lawsuit.

The lawsuit seeks damages for violations of the California Labor Code as well as "appropriate injunctive relief" to protect California Apple employees from future violations.

Article Link: Apple Sued for 'All-Seeing Eye' Employee Device Monitoring Policy

 

[DocMultimedia]

Should have read the employment contract.

 

[andrewxgx]

maybe choose a company-owned device next time, instead of wasting judicial resources?

 

[gleepskip]

I don't like the appearance of some of these policies, but no one forced him to sign them or work for Apple.

 

[TVreporter]

Another one who didn’t bother to read the terms and conditions…

 

[jefnot]

I suspect he can adequately describe his job without giving away trade info. he's a smart boy, just a grumpy one.

 

[Charles Cohen]

lol you couldn’t afford or ask for a work phone? As a manager? Are you mad?

 

[Rodney Williams]

Loyalty comes with a price. Not willing to pay the price? Don't sign the dotted lines. UPDATE: Don't get mad at me. I'm just telling you all how MOST corporations throughout the world THINK. The bottom line is what they're concerned about. Everything about numbers these days.

 

[RSmith2023]

I see several statements in there when he says "Apple allowed me to choose between an Apple owned device or a personal device for work" and he chose to use his personal device. I guess he thought that they shouldn't monitor his work related communications on his personal device? Easy fix - use the company device for work and your personal device for personal communications.

Just seems like this guy was looking for a way to file a claim and sue.

 

[cicalinarrot]

ironic /ī-rŏn′ĭk/

adjective​

1. Characterized by or constituting irony.
2. Given to the use of irony.
3. Poignantly contrary to what was expected or intended.

 

[pilotkid]

The sound of all this kinda reminds me of that movie The Circle that came out back in 2017...

The Circle(2017)....(Link to IMDb for the movie)

 

[Unregistered 4U]

Should have read the employment contract.

Pretty much. Whenever anyone asks me, “Am I able to use personal devices for work? I don’t want to carry two devices when I travel” I let them know that the potential issues that come from using their personal devices for work is far more onerous than carrying two devices. Get appropriate luggage and deal with it.

 

[kalsta]

Loyalty comes with a price. Not willing to pay the price? Don't sign the dotted lines.

Sorry, but principles like loyalty and confidentiality always need to be balanced with the needs and human rights of the people. If you’re not free to ‘speak … about problems at work like harassment, discrimination, or unfair treatment’, then the balance of power is pretty skewed.

 

[jz0309]

some of this seems very fishy, and pretty much standard in the whole tech industry ... people who use their personal phones for work typically have to install this tool from MSFT, name escapes me right now, which monitors usage ...
Will be interesting to see how this unfolds

 

[Unregistered 4U]

Loyalty comes with a price. Not willing to pay the price? Don't sign the dotted lines.

Especially when those dotted lines are giving folks access to your personal devices

 

[mike090910]

Sometime companies hire the wrong person.

 

[Unregistered 4U]

some of this seems very fishy, and pretty much standard in the whole tech industry ... people who use their personal phones for work typically have to install this tool from MSFT, name escapes me right now, which monitors usage ...
Will be interesting to see how this unfolds

I would be surprised if there’s not a prior ruling… actually SEVERAL prior rulings, already out there as precedent.

 

[jz0309]

Sorry, but principles like loyalty and confidentiality always need to be balanced with the needs and human rights of the people. If you’re not free to ‘speak … about problems at work like harassment, discrimination, or unfair treatment’, then the balance of power is pretty skewed.

there's a difference WHERE you speak about those, a Linkedin profile shows your name and employer for example, and using that as a platform to share that kind of info is not acceptable.

 

[cicalinarrot]

Should have read the employment contract.

I see several statements in there when he says "Apple allowed me to choose between an Apple owned device or a personal device for work" and he chose to use his personal device. I guess he thought that they shouldn't monitor his work related communications on his personal device? Easy fix - use the company device for work and your personal device for personal communications.

Just seems like this guy was looking for a way to file a claim and sue.

Pretty much. Whenever anyone asks me, “Am I able to use personal devices for work? I don’t want to carry two devices when I travel” I let them know that the potential issues that come from using their personal devices for work is far less onerous than carrying two devices. Get appropriate luggage and deal with it.

You guys only read the "private phone" part? Are you ok with the rest, stuff like being unable to talk about mistreatment and harassment? Is that also in the contract???

 

[Sippincider]

Looking forward to his testimony under oath, of how he feels he was treated unfairly and illegally under CA labor laws.

Apple probably does impose some heavy-handed stuff, but if he signed that line and agreed to it...

 

[Unregistered 4U]

“Apple sued for all seeing eye policy, which, weirdly enough, can only see what the employee agrees to let them see.”
Apple has an unfair monopoly on Apple jobs. You can’t get an Apple job without going through Apple and that has got to stop. Hopefully the EU is watching.

/s

 

[jz0309]

You guys only read the "private phone" part? Are you ok with the rest, stuff like being unable to talk about mistreatment and harassment? Is that also in the contract???

you certainly are restricted with whom and how to share this, eg Linkedin is not the place, nor are podcasts ...

 

[kalsta]

there's a difference WHERE you speak about those, a Linkedin profile shows your name and employer for example, and using that as a platform to share that kind of info is not acceptable.

I agree. There are appropriate and inappropriate ways of dealing with these issues. I was just responding to a comment that made it sound like loyalty to the company trumps everything else.

 

[ke-iron]

“Bhakta claims that Apple employees are prohibited from disclosing the skills, knowledge, and experience they gained at Apple when working for a subsequent employer, plus they are not allowed to speak with each other or outsiders about problems at work like harassment, discrimination, or unfair treatment.”

Sounds like Apple takes privacy seriously. I’m not sure why this is an issue, many companies do the same.

 

[brunerd]

they are not allowed to speak with each other or outsiders about problems at work like harassment, discrimination, or unfair treatment.

So his "innie" can't talk to "outies" – I think there's an AppleTV show about this...

Also though this is very weird:

required him to use his personal iCloud account to collaborate with colleagues.

That's soooo weird if true. The whole point of using a Managed Apple Account (neé Managed Apple ID) is that when you use a managed account an app is able to put that data in a separate APFS volume for just work stuff and they don't co-mingle. Of course if he joined in 2020, there's were TONS of things Managed Apple IDs couldn't do (like iCloud Keychain for one!) and still have limitations so maybe they did have him use a personal Apple ID? 🤔 Very weird.