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A group of former Apple retail employees have filed a class action lawsuit against Apple for lost wages. The lawsuit stems from an Apple retail policy that requires employees to...
07-30-2013, 12:39 AM #1
Apple Retail Employees File Lawsuit over Lost Wages during Employee Bag Searches
A group of former Apple retail employees have filed a class action lawsuit against Apple for lost wages. The lawsuit stems from an Apple retail policy that requires employees to have their personal bags and purses inspected by managers before leaving the store for beaks, lunches and a the end of a shift. The lawsuit alleges that employees are made to wait, off the clock, for as long as 5 to 15 minutes per shift while waiting for a manager to inspect their belongings for stolen property. The policy is in effect at all Apple Retail stores and could potentially affect thousands of employees going back more than 10 years.
The lawsuit states the following:
Apple has engaged and continues to engage in illegal and improper wage practices that have deprived Apple Hourly Employees throughout the United States of millions of dollars in wages and overtime compensation. These practices include requiring Apple Hourly Employees to wait in line and undergo two off-the-clock security bags searches and clearance checks when they leave for their meal breaks and after they have clocked out at the end of their shifts.
These "personal package and bag searches" are done for the sole benefit of Apple; are a uniform practice and policy in all Apple retail stores nationwide; and are not imposed on Apple's customers. This illegal practice and policy has been known to the Defendant for years and Apple continues to require Apple Hourly Employees to endure these required but uncompensated security checks. For this reason, Plaintiffs bring this action on behalf of themselves and other Apple Hourly Employees to recover unpaid wages, overtime compensation, penalties, interest, injunctive relief, damages and reasonable attorneys' fees and costs.
Source: GigaOm, Scribd
07-30-2013, 12:44 AM #2
I assume you meant before leaving the store for breaks, not beaks.
07-30-2013, 12:46 AM #3
I have witnessed many of these bag checks while in an Apple store and they took less than 5 seconds. Anything to get a buck I guess.
07-30-2013, 01:09 AM #4
I've performed thousands of these bag checks.
07-30-2013, 01:15 AM #5
07-30-2013, 01:21 AM #6
It's just plain wrong
Apple have some faith in your employees or build some robots that do their jobs
07-30-2013, 06:04 AM #7
Banks don't check employees and they have millions in cash in some banks but people get checked TWICE over an iPod!!!
07-30-2013, 06:26 AM #8
I agree that the principle is the problem. I've drudged long and hard over employee rights and employer responsibilities. It's a never-ending battle which I still fight today.
Apple shows a complete lack of faith for employees by doing this, not just doing it... but upwards of twice or more per day. And the fact they have to wait in line to get it done is simply degrading. Like a prison chain gang. Just have the employees walk through the door barcode detectors like everyone else. If they are stealing it will go off. Seems a LOT easier than the alternative here, which is now involving a lost wages suit. The employees are right, if Apple is forcing them to do it off shift they owe compensation. As far as work is concerned you are paid while on company time doing things for the company, this security check falls under that. The minute that shift is over the employee owes nothing more to the company, and should be unhindered in leaving/acting like a normal person again.
07-30-2013, 06:53 AM #9yo
In todays day-and-age everyone wants to make a quick buck. If people were so trustworthy we would never have security cameras nor guards at the store front.
07-30-2013, 07:47 AM #10
07-30-2013, 07:53 AM #11
It's not only apple. Most retailers do bag checks and for a good reason. Having faith in their employee isn't the issue. Retailers just don't do things without probable cause. And believe me over 45% of the theft in stores are done by employees. Having faith on employees cost companies millions.
07-30-2013, 08:36 AM #12
You have to have faith in your work force. If your workers feel they are not trusted or appreciated, they usually start to act untrusted and unappreciated. Seems like the employees are being punished before any crime. Good for Apple bad for moral.
07-30-2013, 08:53 AM #13
07-30-2013, 08:58 AM #14
Let say if someone really hate you, they can pick up an ipod or charger or waterver belong to Apple and put into your locker or purse, bag then you're be ****.ed when the shift ended.
I know someone got charged thousand of $$ because she didn't pay for 1 item that was in her bag when she was in a store and kids playing and throw in there.
07-30-2013, 09:06 AM #15
If you're an employee and you don't like it, then don't bring a bag or anything that would need to be checked before leaving. Problem solved! Give me something harder to solve...
07-30-2013, 09:22 AM #16
Jewelry stores (even jewelry counter in places like Macy's) have the employees do counts of stock 3-4 times a day. A Movado store near me does that, and has closed-circuit cameras as well to monitor, and not just the customers.
The issue isn't the searching, the issue is the time it takes and from who's pocket that time is taken. If Apple wants to search its staff, fine. But the staff should be off the clock when said searches occur.
07-30-2013, 09:35 AM #17
The employees will win this law suit based on precedent alone. I was a manager of a restaurant/retail store. At the end of the night we had to lock the doors so no one could come in also out(because employees had let people in who they thought were ok and the stores ended up getting robbed). So employees could not leave without a manager letting them leave. Well in the early days of this the employees would be waiting around off the clock. If the company mandates that the employee must wait for a bag check to leave, then that becomes part of the employment and they must be paid. Apple wont notice a significant change in profit from this.
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07-30-2013, 09:49 AM #18
As i said above these are FORMER employees that could have been fired or quit for certain reasons and looking to cause issues for Apple LOL. Pretty sure Apple has done there homework and they deal with bigger issues in court. Just think of all the rules they have to go by and follow? They have Federal, State, and local City laws they have to follow just to open and run a store.
07-30-2013, 10:41 AM #19
I may be missing something here...but I would think that in the contract they signed to become an employee for Apple it mentioned bag checks at the end of shift and or lunch break. End of case right there. If you didn't want your bags checked, then don't apply for the job. I'm so sick of everyone's entitlement.
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07-30-2013, 11:07 AM #20
Now, the other question, which the courts seem to have been split on is if the searches are illegal in the first place.
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