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

[hmlevine01]

U.S. District Judge William Alsup today dismissed a lawsuit against Apple that had been brought by several retail employees over Apple's policy of conducting required security searches of personal bags without compensation after workers had clocked out for meal breaks or at the end of their shifts, reports Bloomberg. The class action lawsuit covered thousands of employees at Apple's California retail stores.

(Photo via Reuters/Hannibal Hanschke)​

In his ruling, Alsup noted that employees could have avoided the searches, as some employees did, by not bringing personal bags to work. The lawsuit had been restricted to California as the U.S. Supreme Court had previously ruled workers are not entitled to compensation for time spent in post-shift bag searches under federal law.

An attorney for the plaintiffs in the case reports they are weighing their potential next steps, which could include an appeal of Alsup's ruling.

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

Another victory for big Business by the people that are supposed to represent the ordinary workers of this country. These elected official should be thrown out of office. What is this country coming to ?

 

[NascentMind]

Because most theft in retail come from... Employees.... They also have access to the best stuff usually and can steal in a very discrete way. Not just talking about Apple here. I'm guessing theft by employees was a major issue or they wouldn't be doing this.

I do agree that expecting people not to go to work with a bag is a bit ridiculous; but, hey the court has deemed it so...

Shrinkage is incredibly low, though. Maybe it's different in other markets and that's what is driving this like you have said. Cupertino seemed surprised by the policy.

 

[JoeG4]

Dare I say it, I think it's frivolous that Apple won the lawsuit.

If they want to check their employees' bags they should be paying for it. The burden should be on the company to prove their employees are thieves, since we presume the employee is innocent. Having the company pay their employee for time spent waiting to get their bag searched ensures that the process happens in a fast and efficient manner and that it is only done if found to be worth the money spent searching employees.

Emphasis added on that last one. Are the managers doing it to humiliate their employees? I wonder if the cost on time spent checking bags really exceeds the cost of shrinkage.

I would guess that if the employees are being compensated well, this trends towards a no.

 

[doboy]

So in your universe all wrongs make a right?

Who said I think it's wrong? I think it's a reasonable policy.

 

[sudo1996]

Glad this was the outcome. Didn't want to see those arrogant people complaining that it's humiliating winning out.

 

[deyerseve69]

Aside from being fired what would happen if you say **** it and just leave? Do they detain you?

 

[v3rlon]

Wow that Apple is one great company it actually gives you the privilege of bringing your bag to work, everyone in the world should work for Apple, wait I've NEVER been searched EVER when bringing a bag to work.
America the land of the free, well not so free.

Due to budget cuts, they had to remove a letter from "Land of the free." There were very few options to have it still make a statement in english. Then, they settled on "r."

America: Land of the fee.

 

[hmlevine01]

Then the company should let you start packing or let you leave up 10 to 15 minutes early, or hire more bag checkers to get these people out in time.
hal

 

[Z400Racer37]

I've said it before in this thread: but this reeks of entitlement.

I don't think you realize, that a vast majority of Genius employees are younger people and students. Often travelling for extended periods of time on public transportation.

Do you honestly expect someone to take their transit carrying nothing but a brown paper bag with their lunch in it? have you ever done it?

These are not high paying jobs here. Many retail employees make close too minimum wage. They can't / don't afford their own cars and transport. They can't afford to eat lunch out everyday.

Seriously: if you want little things like these to go away. Pay the employees enough so that they're not worried about these things. Pay them enough so that they're not worrying about their incomes and if they've got the few extra pennies for a sandwich at the mall.

So yes. MANY people are literally eating their lunches out of their bag.

I've worked retail for a while, and I've yet to see anyone lapping food out of their bag. Maybe its just me.

Seriously.

You know this is part of the job going in. Don't like it? Quit. And although it's hardly the point, Apple does pay well above minimum wage. Again not that it matters. Think you can get a better deal somewhere else? Then GO. For Christ's sake like they're being abused. People are such pansies in this country now. "a few spare pennies to buy a sandwich??" Really?? Really...

Here's your rub: They lost the lawsuit, and they're still not leaving. Must mean they like the benefits of the job more than they don't like the bag check. Guess they're coming out ahead. But you want a chance to show that you know all about what's best for them anyways, and would like Apple to lose that lawsuit and pay them for that time citing that they're "taking advantage of them" or something insane like that if they don't pay them for that time.

Would they like to get paid for that time? Sure. But that's hardly the point either. I'd like $50 an hour. Not gonna get it.

Bottom line. They lost the lawsuit. They're still there. And newsflash, you DON'T know whats best for everyone. Mind your business, and leave people alone. Let them work there if they want, and stop telling other people how to run their businesses/lives.

"Mind your beeswax." - Every 5 year old ever

 

[LordVic]

you're big failure of logic is that they didn't lose the lawsuit. They failed to have the lawsuit heard. They were rejected to have it tried.

a court judge deemed that it was not necessary to hear the trial at all because "they can just not bring bags" was his conclusion.

Which goes to show more with how out of touch the judicial system is, how corporate leaning it is, and how unjust it has become in regards to corporations v individuals it has become.

 

[hmlevine01]

I've worked retail for a while, and I've yet to see anyone lapping food out of their bag. Maybe its just me.

Seriously.

You know this is part of the job going in. Don't like it? Quit. And although it's hardly the point, Apple does pay well above minimum wage. Again not that it matters. Think you can get a better deal somewhere else? Then GO. For Christ's sake like they're being abused. People are such pansies in this country now. "a few spare pennies to buy a sandwich??" Really?? Really...

Here's your rub: They lost the lawsuit, and they're still not leaving. Must mean they like the benefits of the job more than they don't like the bag check. Guess they're coming out ahead. But you want a chance to show that you know all about what's best for them anyways, and would like Apple to lose that lawsuit and pay them for that time citing that they're "taking advantage of them" or something insane like that if they don't pay them for that time.

Would they like to get paid for that time? Sure. But that's hardly the point either. I'd like $50 an hour. Not gonna get it.

Bottom line. They lost the lawsuit. They're still there. And newsflash, you DON'T know whats best for everyone. Mind your business, and leave people alone. Let them work there if they want, and stop telling other people how to run their businesses/lives.

"Mind your beeswax." - Every 5 year old ever

You must be one of those employers that expects his employess to put in additional time and not get paid for it. The simple solution is hire more bag checkers to get these people out on time. I work for an employer that if i send an e-mail to them after working time and they respond if the wanted to they could put in for the addition time. If they are schedule say 4:30 and punch out. They can not work off the clock that is illegal. But you have a stupid and a ignorant judicial system which refuses to put themselves in the employees places. How would you like to earn an hourly paycheck and spend 2 to 3 hours extra a week waiting for whomever to check them out to go home. Maybe apple might want to check your car trunk also. So your solution is do not drive. Yes there is employee theft hire more bag checkers apple can afford to.

 

[res.ipsa]

https://cases.justia.com/federal/di.../3:2013cv03451/268537/339/0.pdf?ts=1446965854

You're the best! Thank you!!!

 

[Z400Racer37]

You must be one of those employers that expects his employess to put in additional time and not get paid for it. The simple solution is hire more bag checkers to get these people out on time. I work for an employer that if i send an e-mail to them after working time and they respond if the wanted to they could put in for the addition time. If they are schedule say 4:30 and punch out. They can not work off the clock that is illegal. But you have a stupid and a ignorant judicial system which refuses to put themselves in the employees places. How would you like to earn an hourly paycheck and spend 2 to 3 hours extra a week waiting for whomever to check them out to go home. Maybe apple might want to check your car trunk also. So your solution is do not drive. Yes there is employee theft hire more bag checkers apple can afford to.

Well last i checked i didn't bring my trunk into their store... So no they can't check that *Facepalm*.

They're not working, they're waiting.

You work for your employer, and they have their own rules. Those rules are different than Apple's rules. So what?

They signed on knowing full well that there would be bag checks if they decided to bring bags. They brought them and had to stay late. Nobody is surprised by this, and they voluntarily accepted it. You don't just retroactively decide that you don't like the things that you agreed to anymore and decide to retroactively sue them for something that you voluntarily accepted in the past (and continue to accept, seeing as they have not had people quitting en mass). Thats just stupid and childish. Its time for people to grow up and accept responsibility for their actions, and if they don't like what their employer is doing, then get some.... We'll dignify it by saying backbone... And quit and go somewhere else.

You have done nothing to address the points I made regarding the fact that they are all there under their own free will, and that no-one is being abused. Your entire post consists of evading the issues which are pertinent to the issues I raised, or to the issue of Individual Rights.

What a complete waste of time.

 

[Z400Racer37]

you're big failure of logic is that they didn't lose the lawsuit. They failed to have the lawsuit heard. They were rejected to have it tried.

Uh. Worse. Like not even valid enough to waste everybody's time.

a court judge deemed that it was not necessary to hear the trial at all because "they can just not bring bags" was his conclusion.

Which goes to show more with how out of touch the judicial system is, how corporate leaning it is, and how unjust it has become in regards to corporations v individuals it has become.

Not true at all. Which is why you've also completely evaded all the issues I raised about how they're there under their own free will.

So.... Kudos judge for not wasting even more tax money on stupid emotionally driven nonsense.

 

[C DM]

Well last i checked i didn't bring my trunk into their store... So no they can't check that *Facepalm*.

They're not working, they're waiting.

You work for your employer, and they have their own rules. Those rules are different than Apple's rules. So what?

They signed on knowing full well that there would be bag checks if they decided to bring bags. They brought them and had to stay late. Nobody is surprised by this, and they voluntarily accepted it. You don't just retroactively decide that you don't like the things that you agreed to anymore and decide to retroactively sue them for something that you voluntarily accepted in the past (and continue to accept, seeing as they have not had people quitting en mass). Thats just stupid and childish. Its time for people to grow up and accept responsibility for their actions, and if they don't like what their employer is doing, then get some.... We'll dignify it by saying backbone... And quit and go somewhere else.

You have done nothing to address the points I made regarding the fact that they are all there under their own free will, and that no-one is being abused. Your entire post consists of evading the issues which are pertinent to the issues I raised, or to the issue of Individual Rights.

What a complete waste of time.

Just because those are the rules doesn't mean they are the right ones and/or that they are being followed appropriately. If it was just about what rules have been agreed to there wouldn't have been any need for any labor regulations at all, and yet there are many regulations in place, which tells you something.

 

[firewood]

What if you need to catch a bus or pick up a child from school?

You have choices. You can leave the bag at home or in the car. Or take a job at another nearby store or burger joint (that likely pays less) that doesn't do bag searches. There is no slave system or national draft forcing you to work for Apple.

Or find investors and start your own company where you don't search employees (even if your inventory is somehow magically shrinking).

 

[C DM]

You have choices. You can leave the bag at home or in the car. Or take a job at another nearby store or burger joint (that likely pays less) that doesn't do bag searches.

Or find investors and start your own company where you don't search employees (even if your inventory is somehow magically shrinking).

Or take on and challenge a practice that doesn't seem to be executed appropriately as it should be.

 

[firewood]

Another victory for big Business by the people that are supposed to represent the ordinary workers of this country. These elected official should be thrown out of office.

That what the ballot box is for. Didn't these Apple employees vote? There's more of them than store managers.

 

[C DM]

That what the ballot box is for. Didn't these Apple employees vote? There's more of them than store managers.

Vote for what/whom?

 

[v3rlon]

You have choices. You can leave the bag at home or in the car. Or take a job at another nearby store or burger joint (that likely pays less) that doesn't do bag searches. There is no slave system or national draft forcing you to work for Apple.

Or find investors and start your own company where you don't search employees (even if your inventory is somehow magically shrinking).

Ok, once more for those a little slow at understanding real life.

"If employers are abusing you, don't stand up for what's right. Just quit and let them abuse everyone else," is a terrible idea. Employers will quite happily shuffle through people and continue the abuse.

I guess if someone breaks into your house and steals from you, there is no need to prosecute. No one is forcing you to live there. You are free to pack up and move. Apple, and anyone else forcing off the clock work from hourly workers, is STEALING from their employees. If you are playing games on company time, they call it "theft of company time." So, if they want me to work for free, it is "theft of personal time." So yes, it is stealing. Even they say so when it happens to them.

Also, on the subject of just getting a job somewhere else. Quite publically, Apple was named in an lost a lawsuit over non-poaching agreements (http://www.ibtimes.co.uk/no-poaching-lawsuit-apple-google-intel-adobe-pay-415m-settlement-1518479). So we have some proof that they are not above making it difficult for you to work elsewhere. This kind of attitude can roll down all the way to the retail level, where the job down the street calls your old employer and gets a bad reference.

 

[LordVic]

Ok, once more for those a little slow at understanding real life.

"If employers are abusing you, don't stand up for what's right. Just quit and let them abuse everyone else," is a terrible idea. Employers will quite happily shuffle through people and continue the abuse.

I guess if someone breaks into your house and steals from you, there is no need to prosecute. No one is forcing you to live there. You are free to pack up and move. Apple, and anyone else forcing off the clock work from hourly workers, is STEALING from their employees. If you are playing games on company time, they call it "theft of company time." So, if they want me to work for free, it is "theft of personal time." So yes, it is stealing. Even they say so when it happens to them.

Also, on the subject of just getting a job somewhere else. Quite publically, Apple was named in an lost a lawsuit over non-poaching agreements (http://www.ibtimes.co.uk/no-poaching-lawsuit-apple-google-intel-adobe-pay-415m-settlement-1518479). So we have some proof that they are not above making it difficult for you to work elsewhere. This kind of attitude can roll down all the way to the retail level, where the job down the street calls your old employer and gets a bad reference.

Don't you love the people who seem to think ti's always the victims fault. "Don't want to get raped? you shouldn't be walking home at night". don't want to get robbed, you shouldn't own nice things. Don't want your bag searched, Don't have a bag.

it might sound logical, but it's not. Its abusive to demand someone else conform so that they're not taken advantage of.

 

[Z400Racer37]

Just because those are the rules doesn't mean they are the right ones and/or that they are being followed appropriately. If it was just about what rules have been agreed to there wouldn't have been any need for any labor regulations at all, and yet there are many regulations in place, which tells you something.

-__- Another complete evasion of the fact that 2 parties have a right to agree to the terms of their relationship without the government sticking it's nose in. God it's just boring.

 

[NY Guitarist]

This is a small and hollow victory that seems to fly in the face of Apple's self-proclaimed human-centric corporate philosophy.

 

[NY Guitarist]

Instead of quitting as the only recourse can't employees just use the same approach that people use where constitutional rights are systematically ignored during arbitrary searches without probable cause at police checkpoints?

'Why am I being stopped? Am I being detained? Am I free to leave?'

I know, I know... the employee willingly gives up constitutional rights as part of the employment agreement.

Another victory for capitalism at the expense of the individual.

 

[LordVic]

Instead of quitting as the only recourse can't employees just use the same approach that people use where constitutional rights are systematically ignored by using arbitrary searches without probable cause at police checkpoints?

'Why am I being stopped? Am I being detained? Am I free to leave?'

I know, I know... the employee willingly gives up constitutional rights as part of the employment agreement.

Another victory for capitalism at the expense of the individual.

I don't think people realize just how pervasive Corporate rights have gotten in the last decade, Especially in the US (west). Canada is somewhat sheltered from it, And I can't speak for Europe, but in the US, more often than not, you'll hear the stories about how corporations win their suits over individuals in a constant stream. And that very thing you mentioned, about people giving up their rights, seems to be the norm

Apple is one of the most guilty of this sort of talking out of both sides of their face. If you want a prime example, go take a look at the Trans Pacific Partnership, which will further erode workers rights. And for anything corporations can't erode, they have the right to go do business / manufacturing, duty and tax free in countries that don't have employee rights.

want to know Apple's position on that abusive document? http://tppcoalition.org/about/
They're lobbying FOR it.