"the bag searches that did happen took so little time that compensation was not necessary"
That might be one of the worst legal arguments I've ever read. I hope Apple loses this case, this policy stops, and these hard working people get properly compensated.
I worked in retail for several year in my past. Employee theft is a real problem. In some store, this is the number one source of loss. So how do you discourage and prevent this? One is to check everyone as they walk out. Another would be to ban all bags in the first place. I know of several stores where this is such a concern that they they do it to the customers as well as the employees -- like having to check your bags while you shop, or at costco where everyone is checked on the way out.
Apple has a right to ensure that their product is not being stolen. I do agree that compensation may be required if the employee is made to wait. We can wait to see what the facts bear in case. If the court rules that not only compensation is needed but the practice is eliminated, the question is what measures will Apple then take to insure loss prevention. As a store manager I would simply say that no bags, purses, backpacks, etc are allowed and provide no place for the employees to store such items while on shift. This would accomplish the same thing, but that would probably make employees even more frustrated. Alternatively Apple could implement a costco approach and do it to employees and well as customers and then everyone loses.
All of this is to say that my hope is that they tweak the policy to ensure that the employee is being fairly compensated if they are having to wait. everything else should be thrown out.