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Apple faces new class action lawsuit from store employees over unpaid time waiting in line

Photo: hindustantimes.com

Law360 (via BI)  reports that Apple is facing a second class action lawsuit filed on behalf of hourly-paid Apple Store employees who have to spend 10-15 minutes daily in unpaid time waiting in line to clock-in and for security checks when leaving the store.

Plaintiff and other Hourly Employees were and are required to wait in line for security checks for at least 10-15 minutes each day before leaving for their meal breaks and at the end of their shift after they had already clocked out. This daily 10-15 minute uncompensated waiting time during security checks was done in order to undergo searches for possible contraband and/or pilferage of inventory.

The claim argues that the time should be on the clock. Amazon is facing similar claims.

Two other Apple Store employees had previously filed a similar action, later expanded to a class action, though it doesn’t appear to have gathered much support. A class action is a lawsuit which anyone in the same position can join, and which could potentially leave Apple with a compensation bill for all hourly-paid store employees. Apple employs more than 40,000 staff worldwide in its retail stores, though it’s not known how many of them would qualify to join the claim.

Apple Stores are the most profitable retail spaces in the U.S., earning over $6,000 per square foot each year and beating even Tiffany and Harrods. We ran an insiders’ view of life as Apple Store staff back in March.

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Comments

  1. Jennifer Rellias - 11 years ago

    I’m not fond of employee suits or strikes, but this one does not sound unreasonable. If Apple has a security systems and checks that require that much time, then yes, the employee should get paid. The fact that they’re having to sue means Apple has heard these complaints, and decided not to pay for that time. What Apple should have done was pay the employees for their time AT WORK, then focused on improving the security system so that it didn’t require so much time and cause a wait.

  2. Rob Sweeney - 11 years ago

    Almost every retail store has the same requirements, the fact remains that too many items go missing from back areas and locked room that they have to do it. I’ve had to wait when I worked retail, you aren’t working you aren’t selling you don’t even have to acknowledge anyone. This will go nowhere.

    • Yeah, right. I worked retail and every customer is just a self important as the last. It was a daily occurrence to be asked for help while on break, before my shift and when waiting for my security check. At my store they reprimanded employees for not helping when asked even if they were not working – and if you got stuck helping someone for 5 minutes on a break, and extended your ‘actual’ break by 5 to compensate you’d be written up for that. Corporations often view their employees as right-less sacks of meat, because their not unionized.

  3. Michael Smith - 11 years ago

    It’s the same policy at the UPS Hub in Ontario, CA. I think this is normal procedure when working at potential high theft facilities. When I worked there, you were searched on the way in, and no cell phones were allowed, and you were searched on the way out after your shift. This was about six or seven years ago, so I don’t know if those procedures are still in place, but I would think that they are. That’s why I don’t see this suit going anywhere.

  4. It’s the same policy everywhere and everywhere. Absolutely every retail related workplace does, across continents and countries. Does that mean that any one of these employers is in the right? No. The logistical problem is that the punch clock is in the back and the security check is supposed to happen at the front of the store. They also don’t want to pay for employees changing in/out of uniform. I’ve worked retail and every time we needed to be checked out we had to wait on our own time, our lazy manager would wait to come upstairs to do the security check to the point where some people missed their bus. It’s a really inelegant solution to a problem that seems to get blamed on the staff, when I think most of it happens by customers. I think they need a solution where they are paying employees for their time – not just Apple but every single employer.

  5. Gary Anderson - 11 years ago

    10-15 minutes is not at all what I experienced, and I worked at one of the busiest stores on the West coast. 2-3 minutes max.

  6. Dan Mitchell - 11 years ago

    If you don’t like the Company rules – then just don’t work there ! Quit moaning.

  7. Jason Hedrick - 10 years ago

    While I can only speak for myself, I have never seen anyone at the Apple store I worked in or the Best Buy store I work in wait 10-15 minutes to have their bag checked. Depending on the size of the store there are at least 3 different managers on the floor and it was a quick and easy process of finding the manager not helping a customer and open up the bag. We were instructed to take our apple shirts off on our breaks or lunches so that we didn’t get pulled aside by a customer on our time off. If all managers are too busy to help check your bag, maybe you shouldn’t be taking your break when the store is so busy? If you notice your managers are taking longer than you would like, bring it to their attention or don’t take your bag with you on your break. Take whatever you need out and leave the bag in the locker or car. The fact that 2+ employees decided that they should sue apple is just ridiculous. Apple retail is an amazing experience and these few employees should just move on, or may have already moved on and feel slighted.

Author

Avatar for Ben Lovejoy Ben Lovejoy

Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!


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