Apple to Face Class Action Lawsuit Over Off-the-Clock Employee Bag Checking

[SSD-GUY]

A lot of angry people on this thread, who clearly haven't worked a day in the life of a retail worker.

A lot of the posters are correct, the bag checks/body searches take 30 seconds to a minute, however when theres 30 employees, and only 1 or 2 managers, people sometimes have to wait 10 to 15 minutes, sometimes longer, to leave after their shift has ended. Imagine this every day of every month. It adds up, and in my opinion, I should be paid for it.

 

[Mac21ND]

From http://blogs.findlaw.com/free_enterprise/2013/10/amazon-sued-over-employee-security-checks.html:

"In the Amazon lawsuit, the class action plaintiffs allege they were never compensated during the bag searches or while waiting in line for the screenings (in a sea of about 100 employees), adding up to 10 to 20 minutes of uncompensated time per worker, according to WCAU-TV."

Source for your five-to-ten-seconds?

For me, it was working as a manager at an Apple Retail Store. The time clock is in the back of the store. Alot can happen between when someone clocks out and when they physically leave. The only time bag check took longer was at closing when you may have 5-6 employees still. Worst case, they'd have to wait an extra minute while others were getting bags checked.

 

[~Shard~]

Perhaps employees should be happy that they are allowed to bring a bag to work in the first place, there would be nothing stopping from Apple from making a rule saying "no bags allowed" at all!

Regardless, the rationale behind the searches is reasonable (theft prevention), so in that case, how far do you take the argument?

"This search of the bag I voluntarily brought to work took up some of my personal time. I want compensation"
"I have to take mass transit to my job so I need a bus/metro pass. I want compensation."
"I have to drive half an hour to my job which takes up my personal time, costs gas and induces mechanical wear on my vehicle. I want compensation."

Some companies offer perks to address the above, but definitely not all, so are those also fair arguments to sue over?

 

[steve62388]

You just quoted the Amazon case in which it was the security lines they had to go to at the warehouses when hundreds of employees are showing up to work at the same time. These are retail stores and nowhere near the same amount of time.

The class action states 10-15 minutes. Are you presuming they have lied in their filing?

Have you worked retail? I have and I totally believe it can take that long to get hold of a manager, Apple employees posting on this thread have also confirmed it's in the right ballpark. If you're saying it 'shouldn't take that long' then I agree with you, but it does and that's part of the problem and why they're suing.

 

[Saucesome2000]

The class action states 10-15 minutes. Are you presuming they have lied in their filing?

Have you worked retail? I have and I totally believe it can take that long to get hold of a manager, Apple employees posting on this thread have also confirmed it's in the right ballpark. If you're saying it 'shouldn't take that long' then I agree with you, but it does and that's part of the problem and why they're suing.

Yes, I have worked retail for over a decade and I've worked at an Apple reseller where I was subject to bag checks at the end of my shift. Granted it's not Apple, but it gives me a general idea of the situation. I'm not doubting that it has at one time or another taken 10 minutes to get a manager during peak times, but I am doubting this is standard and I believe it is highly overblown as many cash-grabbing lawsuits are. This is a class action lawsuit in California against Apple. Pardon my skepticism, but I think this will be denied and I think it's a frivolous waste of tax payer money.

 

[mac4good84]

While I'm not saying this doesn't happen, I've been going into Apple Stores for years now and have not ONCE ever seen the managers or supervisors doing any of these checks on employees. I do realize that I don't go in and scan every detail of everything that is going on in the store, and with it being so incredibly busy and packed you could miss it. But seeing employees being checked and "ridiculed" like they are stating in this article? I've never seen it myself.

Apple needs to make sure they are on company time if they are to be checked, plain and simple. People are going to bring items to work sometimes, especially those who might be going there from school and don't have time to go home first. For those who think "don't bring any bags in" don't be stupid. Sometimes, people will and should be able to bring a bag if they need it. Bottom line is you can't expect a company with product on the floor, especially easily accessible to the employees that are around those products, not to want to check you out before you leave. They should have that right, they just need a better and standard process of implementing it.

I worked at Best Buy and while they had one sliding door going in and one going out, there was a guy that checked your stuff when you left the store, the security guy at the entrance. No one complained a lick about it and people did try on numerous occasions to steal stuff. Happens more than you think....

 

[Zxxv]

If they win and I as a customer get checked can I get paid for my time?

Aren't apple just checking them as citizens and not as employees? Hence the check is on their time like they'd check you or me?

Isn't that the argument?

To quote my own post.

In the UK as a citizens if stopped for a bag search by security its legal to refuse and point out only a police officer has the right to demand a search. So you ask for the police to be called. Seeing as the apple employees are clocked out they are no longer employees, they are citizens. So ask for a police officer. This will force apple to do the searches when you are clocked in as employees.

There solved your problem. No need for a court case.

 

[currocj]

The Amazon employees got nowhere with this, I doubt this will hold up. Also, demeaning? I've worked at places that do this. I highly doubt it waster than a simple check.

Is that you Tim Cook?

 

[foxcub6]

Are you comparing hourly wage to salary? I think the article is talking about the hourly wage employees and not the salary employees.

I think each state is different but in Maryland, employers are not required to pay over time to salary employees. Other states are probably similar.

I'm sorry but if you are going to bring your personal bags containing personal items to your work as a privilege from your employer and expecting your employer to not check your bag for lose prevention is absurd. You, as an employee, are causing an interruption of business by bringing in personal items to work. Therefore you should not be compensated for the time it takes the employer to protect it's merchandise and information. The majority of theft in most businesses is internal. It has been proven time and time again. And if it's taking 10-15 minutes each day then you really need to not bring your carry on luggage to work each day!

I can't believe you actually just said that are you living in a cave are you a cave man unbelievable. Re woman have different needs to men incase you dint know do you wish them to carry there sanitary towels in there pockets !its idiots like you that brings these problems to the workers I just can not believe a human could come out with such crap "don't bring a bag to work " what planet are you on man

 

[currocj]

While I'm not saying this doesn't happen, I've been going into Apple Stores for years now and have not ONCE ever seen the managers or supervisors doing any of these checks on employees. ....

Sorry, when you go into the store do you make it part of your trip to be escorted into the back room?

 

[currocj]

Anyone defending Apple is obviously just trying to incite people. Purses and backpack are part of personal property and require a reasonable reason for search, not every single time. Not paying for it is just lame coming from a company for 200 billion in the bank.

 

[mac4good84]

Sorry, when you go into the store do you make it part of your trip to be escorted into the back room?

As I stated, I didn't see this happen ON THE FLOOR, which is what the article is talking about. I don't make it part of my trip to be escorted into the back room...not sure what you were getting at there...

 

[ZacUSNYR]

I've worked a lot of retail and this practice is common. Not saying it's not demeaning though. It always said a lot about how the company viewed its employees. If theft is going to happen, a simple bag check isn't going to deter it.

Very common - could go after Best Buy as well.

 

[mattopotamus]

smart move....current employees =|

As others have stated this is common. As someone who has worked in loss prevention it is also necessary. Most loss comes from employee theft.

 

[HenryDJP]

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.

Hilarious! Any other time the majority of people here do nothing but put down and stomp on the Apple employees for being useless zombies that know nothing more than to how to look like a hipster. Now, they are somehow "hard working people".

I wonder if they are now considered hard working people because Apple is the one they are suing? Hmm.

 

[Nevaborn]

This is stupid. Bag searches are common and done when you leave work ... Also known as when you have finished work on your own time

 

[simonmet]

While I'm not saying this doesn't happen, I've been going into Apple Stores for years now and have not ONCE ever seen the managers or supervisors doing any of these checks on employees. I do realize that I don't go in and scan every detail of everything that is going on in the store, and with it being so incredibly busy and packed you could miss it. But seeing employees being checked and "ridiculed" like they are stating in this article? I've never seen it myself.

Apple needs to make sure they are on company time if they are to be checked, plain and simple. People are going to bring items to work sometimes, especially those who might be going there from school and don't have time to go home first. For those who think "don't bring any bags in" don't be stupid. Sometimes, people will and should be able to bring a bag if they need it. Bottom line is you can't expect a company with product on the floor, especially easily accessible to the employees that are around those products, not to want to check you out before you leave. They should have that right, they just need a better and standard process of implementing it.

I worked at Best Buy and while they had one sliding door going in and one going out, there was a guy that checked your stuff when you left the store, the security guy at the entrance. No one complained a lick about it and people did try on numerous occasions to steal stuff. Happens more than you think....

I've seen employees getting their bags checked by the security guards in black at the front door as they leave.

While in this case the checks are a quick 5-10 seconds, I do feel bad for the employees when not even customers are subjected to it. I always find the process demeaning and unnecessary and it's debatable how effective it is as a security measure or deterrent.

That employees should be subjected to routine checking at all and especially publicly like this is indicative of the level of respect with which Apple treats its retail staff. To be constantly considered a potential thief by your employer mustn't be good for morale. How many of us work in offices with lots of expensive equipment and are allowed to work late when no one's around but are never subjected to demeaning bag checks?

There are other and better ways to be doing this. Any decent manager should know pretty quickly if there's a problem with theft and can then monitor suspected individuals and catch them. My guess is that theft by staff is extremely rare.

This along with Apple not wanting to pay musicians during the Apple Music free trial is just more evidence of Apple being the big corporate bully that doesn't care about the little guy.

 

[Nevaborn]

The real issue is that workers are ao dissgonest everywhere that these practices are even needed

 

[HenryDJP]

Ian 100%behind the workers I wonder if Apple did it in clock time would they argue that it takes to long probably as now a days large companys do treat people with total lack of respect I wonder if they look in Tims handbag no didn't think so , you either TRUST your employees or you call them theifs ! Apple pose have respect for your employees without these guys there would be no Apple as everybody is a potential customer but there again in Scotland we appreciate good workers

I certainly hope every single word of your post was sarcasm. If not......

 

[YellowZx5]

Typically these bag checks take about 5 to 10 seconds.

Every job I have had has made employees with large bags have them checked. 10-15 minute checks seem long unless the manager was with customers. Maybe an update to the policy is needed like having another associate check instead.

 

[Saucesome2000]

To quote my own post.

In the UK as a citizens if stopped for a bag search by security its legal to refuse and point out only a police officer has the right to demand a search. So you ask for the police to be called. Seeing as the apple employees are clocked out they are no longer employees, they are citizens. So ask for a police officer. This will force apple to do the searches when you are clocked in as employees.

There solved your problem. No need for a court case.

I like your style.

 

[jschu22]

Ian 100%behind the workers I wonder if Apple did it in clock time would they argue that it takes to long probably as now a days large companys do treat people with total lack of respect I wonder if they look in Tims handbag no didn't think so , you either TRUST your employees or you call them theifs ! Apple pose have respect for your employees without these guys there would be no Apple as everybody is a potential customer but there again in Scotland we appreciate good workers

I bet they appreciate good punctuation there as well.

Yeah, I'm a Dick. Sue me.

 

[Saucesome2000]

Sorry, when you go into the store do you make it part of your trip to be escorted into the back room?

The story said it was done in front of customers. Might want to make it part of your trip to MacRumors to read the story before knocking other people's posts.

 

[WrQth]

I'm sorry but if you are going to bring your personal bags containing personal items to your work as a privilege from your employer and expecting your employer to not check your bag for lose prevention is absurd. You, as an employee, are causing an interruption of business by bringing in personal items to work. Therefore you should not be compensated for the time it takes the employer to protect it's merchandise and information. The majority of theft in most businesses is internal. It has been proven time and time again. And if it's taking 10-15 minutes each day then you really need to not bring your carry on luggage to work each day!

It doesn't take 10-15 minutes to do the actual checking of the bag it is the waiting to have the bag checked by managers that takes the 10-15 minutes.

I worked at Best Bay many years ago and we were expected to wait for upwards of 20 minutes when working a closing shift after having already clocked-out while the manager did what they did and then let us out of the locked building which included a bag check.

 

[Vanilla Face]

Apple needs to make sure they are on company time if they are to be checked, plain and simple. People are going to bring items to work sometimes, especially those who might be going there from school and don't have time to go home first. For those who think "don't bring any bags in" don't be stupid. Sometimes, people will and should be able to bring a bag if they need it. Bottom line is you can't expect a company with product on the floor, especially easily accessible to the employees that are around those products, not to want to check you out before you leave. They should have that right, they just need a better and standard process of implementing it.

It'd be different if every employee was required to go through a security scan. Bringing a bag to work isn't part of their work duties, it's completely voluntary. If you want to bring a bag, you're doing so knowing that it has to be checked on your time. If you don't want that to happen, leave it in your car or don't bring it. Apple could tell them they couldn't have bags. But you're right, there are some cases where someone might have a good reason to bring a bag. That's not Apple's fault. Apple is being pretty reasonable by allowing employees to bring bags and they are paying a manager to check said bags. You're argument is similar to, "people need to eat while working an 8 hour shift, so Apple should pay them to eat and pay for their food."

In the end, the SCOTUS has already ruled on this. This case isn't going anywhere.