Lawsuit by Apple Retail Employees Over Off-the-Clock Bag Searches Dismissed

[C DM]

I don't get paid to go through the security protocol when I arrive and leave work. Guess I should sue like these whiney Apple workers. Boo Freaking Hoo.

How long does that take for you?

Judge ruled correctly.

Employee A) She finished her job on 6:00pm and didn't bring a bag. She earned $200.
Employee B) She finished her job on 6:00pm but brought a huge backpack. She earned $220 because she lined up for 20 min.
Employee C) She finished her job on 6:00pm and didn't bring a bag but worked hard for 20 minutes more. She earned $220.

This isn't fair.

Or how about a more rational solution of actually checking the bags in a reasonable (as in quick) amount of time, as should be the case?

People just don't appreciate the privilege to have a job these days. If you dont like the job details, the pay, the hours, or the things you have to do, then QUIT and find something better. If there isn't anything better you can do or in your reach, then just be glad you are where you are, and that you have anything at all.​

So why are there any labor regulations at all. Companies should be able to exploit their workforce as much as they want as long as people are willing and there's really no need for any regulations, right?

I just showed my BF your comment and he says you nailed it. The managers, when all that **** was required, were duty bound to know when staff was going to meals etc and that they had to do the checks. so if they were hard to find or took ages, well that's about that person's bad management skills nothing more or less

And the company should do something about it. And if they aren't then something needs to be done to "urge" them to do it.

How about these employees stop whining and remember this makes up for having to deal with a simple bag check... http://www.businessinsider.com/8-reasons-its-great-to-work-at-the-apple-store-2013-4?op=1

So having some benefits should mean that something else that isn't right is OK? So if someone volunteers and help some people that means it's cool if they steal something too since they did something good, right?

 

[jpgr15]

Before you clock on is YOUR time, after you clock off is YOUR time, if they want to do a search after you clock off, clock on again.

If the employees don't like it, seek alternative employment. Simple as that. If enough do so, Apple will re-evaluate their policies.

Not going to keep arguing though as neither of us will change our minds. Cheers!

 

[jcmeyer5]

So yeah. When an employer pays for 8 hours, they expect 8 hours of work. If employees make things more complicated by bringing bags to work that are not necessary for the performance of the job, that is on the employees, not the employer. Why should the employer be penalized for that?

 

[garrisonmac]

People just don't appreciate the privilege to have a job these days. If you dont like the job details, the pay, the hours, or the things you have to do, then QUIT and find something better. If there isn't anything better you can do or in your reach, then just be glad you are where you are, and that you have anything at all.​

Did you just drop in from 1934?

Good. They should have acted like progressive adults and proposed a different system to Apple, such as surrender upon arrival, etc. with an employee fridge for their foods. Use democracy, not this "Sue, Sue, Sue!" bull$&@#. It's passive and dishonourable to one of the best retail environments globally. Sheesh.

So in your belief system the employee is responsible for Apple's policies and practices?

 

[CFreymarc]

Any reasoning as to why it was dismissed?

I hope it was one where the judge saw that the compensation to individual employees would me nearly infinitesimally small compared to the law firm fees that takes the lion's share of a settlement.

 

[LarryJW]

I have not read the opinion or the submissions by the parties. But, according to the article (which I do not assume to be wholly faithful to the court opinion), the judge had to rule on the case using California law, not Federal, given that the Federal law would already deny the claim. I don't know the Federal law either, so I can only say that the judge found the facts presented by the plaintiff to fit within the parameters of the federal law (that is, I expect the Federal law be enforceable given particular facts situations, and not applicable in other fact situations -- that's the way most laws are written).

I'll research the issues to give clarification on the ruling.

 

[CFreymarc]

Did you just drop in from 1934?

Dude the New Deal is on it's last legs. Without going too off topic, working at an Apple Store is one of the most desired positions of retail workers to this day.

They have wonderful training to all employees, there is a very fluid promotion mechanism, there is no "seniority" where if your performance lacks, you are out and replaced. I talked with several that work the Genius Bar and they say they love it over their previous job of bring tied to a headset doing tech support for eight hours a day. They get to see people face to face.

This "not paid for bag search while on the clock" is a frivolous lawsuit launched by a law firm looking at an interpretation of labor codes concerning when you arrive at work be it before or after you pass security for entrance. Try working in Black World. They do everything besides daily cavity searches before you get into the work place at times.

 

[garrisonmac]

If employees are going to complain they aren't paid for a 10 minute bags search than employers have every right to complain they have to pay for a 10 minute bathroom break.

You've got to be kidding

 

[ProjectManager101]

Ok.... as a Project Manager myself...
How long does it take for security to check a bag-pack? 10 seconds! I mean, this is not customs that you have to take off your shoes. It is annoying? yes. But since you leave your job until you get to your next destiny you could suit 397469326491026409123640964219 things in between if that is the case.

 

[garrisonmac]

Dude the New Deal is on it's last legs. Without going too off topic, working at an Apple Store is one of the most desired positions of retail workers to this day.

They have wonderful training to all employees, there is a very fluid promotion mechanism, there is no "seniority" where if your performance lacks, you are out and replaced. I talked with several that work the Genius Bar and they say they love it over their previous job of bring tied to a headset doing tech support for eight hours a day. They get to see people face to face.

This "not paid for bag search while on the clock" is a frivolous lawsuit launched by a law firm looking at an interpretation of labor codes concerning when you arrive at work be it before or after you pass security for entrance. Try working in Black World. They do everything besides daily cavity searches before you get into the work place at times.

I was right, you did drop in from 1934--"just be glad you have a job and shut up". With that kind of attitude it's no wonder we're being taken advantage of throughout our daily lives. You know just because someone calls himself a business person doesn't mean he or she is smarter or better than everyone else. But I guess some people are dazzled into lack of thought by the high salaries and power wielded by some of the lords of the economy.

 

[kildraik]

So in your belief system the employee is responsible for Apple's policies and practices?

You know, this quote changed my mind.

Screw the bottom of the totem pole. They're too stupid to protest or strike properly, and in an organised manner. Instead, they jump right to bed with an attorney, like the weak always do. If they don't like the policies, they shouldn't settle for a bottom of the barrel position.

Why is it that the underachievers get all the attention?

Because if you're doing life right, there aren't any problems, and nothing to whine about. Clearly the dysfunction of the the day to day sheepdom has bled into Apple... ***** hipsters.

Bring a sack lunch. GTFO.

 

[jpgr15]

<deleted>

 

[kildraik]

Seriously??? What about your house? I honestly can't believe this is what you think. IMHO searches by non law enforcement agencies, ie retard Apple store employees, constitutes a violation of the unreasonable searches and siezures amendment in the Constitution. This case sets a very dangerous precedent. Where does your privacy start and end?

I totally disagree. It has nothing to do with with anything other than Apple protecting their assets, like intelligent retail environments should.

Why do I feel like everybody saying "It's wrong!" have never dealt with any loss-prevention type environment?

 

[C DM]

If the employees don't like it, seek alternative employment. Simple as that. If enough do so, Apple will re-evaluate their policies.

Not going to keep arguing though as neither of us will change our minds. Cheers!

It's one of the more extreme ways of doing that and harder to pull off as it requires a great number of people. Doing it via regulations is another way that is generally more reasonable.

 

[jpgr15]

It's one of the more extreme ways of doing that and harder to pull off as it requires a great number of people. Doing it via regulations is another way that is generally more reasonable.

Yeah, that's true. Just a difference in ideology really.

 

[C DM]

Ok.... as a Project Manager myself...
How long does it take for security to check a bag-pack? 10 seconds! I mean, this is not customs that you have to take off your shoes. It is annoying? yes. But since you leave your job until you get to your next destiny you could suit 397469326491026409123640964219 things in between if that is the case.

Seems like a big part of this is that it wasn't taking that short of a time, and often enough way longer than even something reasonable, let alone quick.

It's just an extreme example. The whole participation trophy, everyone is a special little snowflake generation complaining all the time when they feel they've been wronged thing is tiring. It's going to be a hard life. Get used to it.

But sometimes there are things that should be challenged rather than just going along with them as usual. Otherwise many changes that have happened in society wouldn't have happened.

 

[jpgr15]

But sometimes there are things that should be challenged rather than just going along with them as usual. Otherwise many changes that have happened in society wouldn't have happened.

I can't argue that. I just think it's important to pick your battles. I don't know that this is one - but, to each their own. I'm not an employee of the Apple Store and really have no place commenting on whether they're being wronged or not.

 

[eebrown]

I totally disagree. It has nothing to do with with anything other than Apple protecting their assets, like intelligent retail environments should.

Why do I feel like everybody saying "It's wrong!" have never dealt with any loss-prevention type environment?

But you are expecting the employees to pay for Apples loss prevention measures in the form of being forced to stay at work and not being paid. That is what I do not agree with. Simple keep the employee on the clock while you look thru their bag. Apple seems to be not the caring company they like to portray themselves as.

 

[stevesporn]

Well dude, I lurked on this site for 10 years and your message was the one that motivated me to sign up to post. Well-played.

Despite your arrogant sarcasm, you are 100% wrong. Of course the lawyers in the case are aware of the recent Supreme Court case interpreting federal law, which is why the case was brought under California law. It says this right in the article summary.

Next time you decide to be a smug jackass, do yourself a favor and at least read the summary first.

Sounds like you not only haven't worked retail for the past several decades (if at all), but also didn't pay attention when the Supreme Court addressed this very issue recently as well and UNANIMOUSLY AGREED that people aren't entitled to get paid for this time.



So Apple's a bad retailer for using the same procedures in their stores that every other retailer does?



So you want the store to pay your daughter more than the others who work there because she made plans after work which have absolutely nothing to do with the store's function or her job.

Why does your kid deserve more money because she chose to bring a personal bag into a retail workplace? Is she a princess or somehow special? Should everyone else ALSO stay on the clock and be forced to hang out to accommodate your daughter's time waiting because SHE decided that she just HAD to bring in her bag to accommodate HER plans?

Or even worse, why should your daughter basically get to stop working before the others on the shift and NOT do the work the entire time she is scheduled? Why should everyone else have to work their shifts end-to-end while your kid gets to stand in a line and NOT work for the 15-20 minutes? Oh yeah. Because it's a party or something and it's just that important.

No. You can either deal with it, or get another job. Same as everyone else in that industry. You don't need to bring that purse to work. Use your pocket, and if it's too much to handle, get a different job.

 

[DisMyMac]

Fill thy sack with unflushables.

 

[inkswamp]

What's next, personal searches of cars? Your car has a trunk, so is the assumption of theft there as well?

If one accepts the rationale behind searching an employee's bags, then there's absolutely no logical argument against searching their car. If it's parked on company property and was brought to work, there's always a chance it was used for theft and should be searched. Ridiculous!

I'm amazed that anyone defends this. We've turned into a country of programmed people who accept the authority of corporations over individuals--individuals who are ostensibly protected by the Constitution unlike businesses which are not.

There's no logical reason a business should ever get to exert this kind of authority over people. Period. The only way it becomes even remotely reasonable is if it's done on the clock, and even then, I have issues with it. Businesses should not have that authority granted to them by default. If they think an employee has stolen something and wants to search their bags, they need to do like anyone else would—call the police, i.e., those with actual authority.

 

[JimmyHook]

How long does that take for you?

Or how about a more rational solution of actually checking the bags in a reasonable (as in quick) amount of time, as should be the case?

So why are there any labor regulations at all. Companies should be able to exploit their workforce as much as they want as long as people are willing and there's really no need for any regulations, right?

And the company should do something about it. And if they aren't then something needs to be done to "urge" them to do it.

So having some benefits should mean that something else that isn't right is OK? So if someone volunteers and help some people that means it's cool if they steal something too since they did something good, right?

I've shopped at Apple and witnessed bag checks. From my personal observations they quickly checked the bags of employees leaving in a matter of seconds. There's nothing wrong with that.

 

[dannyyankou]

If I bring a backpack into an Apple Store as a customer, my bag isn't searched. I wish employees were treated the same.

 

[JimmyHook]

If I bring a backpack into an Apple Store as a customer, my bag isn't searched. I wish employees were treated the same.

Customers don't have access to a stock room

 

[hayesk]

If one accepts the rationale behind searching an employee's bags, then there's absolutely no logical argument against searching their car. If it's parked on company property and was brought to work, there's always a chance it was used for theft and should be searched. Ridiculous!

The rationale is that employees can easily sneak merchandise out of the store in their bags. It's got nothing to do with the bag or car being on public property, and everything to do with how discreetly it can be used to smuggle stolen merchandise out of the store.