Apple employee labor law violation class action suit starts Tuesday in CA

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A class action suit filed by current and former Apple employees over nine years -- numbering over 20,000 class members -- starts on Tuesday.









The suit, called "Felczer vs. Apple, Inc" will commence at 9 a.m pacific time in Judge Eddie C. Sturgeon's court. The proposed class includes every Apple employee at retail and in other venues with employment dates between Dec. 16, 2007 and Oct. 18, 2016.



Apple was first accused of violating California's labor laws in 2011 by four employees who claim the company did not grant required break time, meal time or issue paychecks on a timely basis. Apple's attempts to scuttle the trial since filing have met with failure.



"The class size continued to grow as the case continued on and time passed due to employee turn over," said attorney for the plaintiffs Tyler Belong in July 2014. "It is now over 20,000."



Counsel is seeking for damages and restitution to all plaintiffs from unlawful business practices as pursuant to ten California Labor Code sections. As usual, interest accrued and applicable attorneys' fees are also being sought.

Apple California Labor Code Class Action Suit - Amended Complaint 4 by Mikey Campbell on Scribd

Comments

  • Reply 1 of 14
    wood1208wood1208 Posts: 2,913member
    I would say now you know why Chinese eating your lunch. Fire these class action law suits participants and hire new ones with contract sign to not participate into any class action law suits that benefits lawyers.. Most of the time it's lawyers that at the end makes most money in their fees, not class action law suit participants. In USA, it's all big scheme/conspiracy of congress(mostly lawyers), lawyers themselves, court system, law enforcement to keep you looped/trapped into their maze so you keep spending on them and they make good livings from your hard earn money. We all have such experience with here and their traffic violation.
    edited October 2016 mwhiteanton zuykovwatto_cobra
  • Reply 2 of 14
    eightzeroeightzero Posts: 3,063member
    wood1208 said:
    I would say now you know why Chinese eating your lunch. Fire these class action law suits participants and hire new ones with contract sign to not participate into any class action law suits that benefits lawyers.. Most of the time it's lawyers that at the end makes most money in their fees, not class action law suit participants. In USA, it's all big scheme/conspiracy of congress(mostly lawyers), lawyers themselves, court system, law enforcement to keep you looped/trapped into their maze so you keep spending on them and they make good livings from your hard earn money. We all have such experience with here and their traffic violation.
    No no no...you're doing it wrong. The tin foil in your hat goes shiny side *up* to reflect the aliens' radio waves.
    maciekskontakt
  • Reply 3 of 14
    maestro64maestro64 Posts: 5,043member

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    watto_cobra
  • Reply 4 of 14
    eriamjheriamjh Posts: 1,642member
    Breaks are required for certain hourly workers.  This ISN'T china.  Working hourly and retail sucks balls and being on your feet all day is barely alleviated by the two 15 minute breaks and 30 minute lunch one should get in an 8-hour work day (using Michigan laws as I do not know CA's).    Any company that violates this needs to be duly dealt with.  Apple does not get a pass because they are Apple.
    spice-boycrowley
  • Reply 5 of 14
    maestro64 said:

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    So what you are saying is because there are some worse jobs out there they should accept potentially illegal acts by their employer and erosion of contractual and legal benefits?
  • Reply 6 of 14
    wood1208 said:
    I would say now you know why Chinese eating your lunch. Fire these class action law suits participants and hire new ones with contract sign to not participate into any class action law suits that benefits lawyers.. Most of the time it's lawyers that at the end makes most money in their fees, not class action law suit participants. In USA, it's all big scheme/conspiracy of congress(mostly lawyers), lawyers themselves, court system, law enforcement to keep you looped/trapped into their maze so you keep spending on them and they make good livings from your hard earn money. We all have such experience with here and their traffic violation.
    That would be also illegal. You can write in your contract whatever you want, but labor law overrides it and any lawyer would win in reasonable court. Also think about it fopr a moment. Would you live on credit because your employer does not pay on time? That is part of regular agreement and probably required by law. As far as breaks... well it may be like water or coffee. - thi is required by law in reasonable amounts. Not that you have ice cream machines and sodas at work. Nobody asks for long breaks to run errands, but you gotta eat and pee at least. So I suggest stop spreading brainwash of yours and start putting yourself in position of person with normal life balance. It is not that hard, you know?
  • Reply 7 of 14
    wood1208wood1208 Posts: 2,913member
    maestro64 said:

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    So what you are saying is because there are some worse jobs out there they should accept potentially illegal acts by their employer and erosion of contractual and legal benefits?
    I worked for the largest computer company for 2 decades and my contract said me as an computer engineer will be paid based on 40 hours/week(8 hours/day) and no overtime. Through out my carrier at the company, I ended up working between 10-12 hours/day, many week-ends and letting go part of my earned vacation every year. So, if you want job to pay bills than suck it up. It ain't your dad's corporation.People in 3rd world works harder and getting paid lot less. Apple knowingly would not do any illegal act. Those lawyers not making living want to find some problem and go after cash rich company like Apple.
    edited October 2016 watto_cobra
  • Reply 8 of 14
    spice-boyspice-boy Posts: 1,450member
    wood1208 said:
    I would say now you know why Chinese eating your lunch. Fire these class action law suits participants and hire new ones with contract sign to not participate into any class action law suits that benefits lawyers.. Most of the time it's lawyers that at the end makes most money in their fees, not class action law suit participants. In USA, it's all big scheme/conspiracy of congress(mostly lawyers), lawyers themselves, court system, law enforcement to keep you looped/trapped into their maze so you keep spending on them and they make good livings from your hard earn money. We all have such experience with here and their traffic violation.
    I heard people same something similar many years ago when the average American worker was asking basic rights such as a 40 hour week, a half hour lunch break and one 15 minute break before noon and one after. Good to hear that some people posting think being paid for the time you work and having a company follow labor laws is asking too much and they should all be fired. Defend Apple Inc at all cost no matter how wrong they may be. 
    zoetmbcrowleyvanessaWdasanman69
  • Reply 9 of 14
    zoetmbzoetmb Posts: 2,654member
    eightzero said:
    wood1208 said:
    I would say now you know why Chinese eating your lunch. Fire these class action law suits participants and hire new ones with contract sign to not participate into any class action law suits that benefits lawyers.. Most of the time it's lawyers that at the end makes most money in their fees, not class action law suit participants. In USA, it's all big scheme/conspiracy of congress(mostly lawyers), lawyers themselves, court system, law enforcement to keep you looped/trapped into their maze so you keep spending on them and they make good livings from your hard earn money. We all have such experience with here and their traffic violation.
    No no no...you're doing it wrong. The tin foil in your hat goes shiny side *up* to reflect the aliens' radio waves.
    He is correct that most of the money in class action lawsuits goes to the lawyers.  I get legal notices on stock I own(ed) almost daily and if you ever see any money out of it, it's usually around 6 cents a share and the lawyers get a few hundred million dollars.   

    But having said that, I can understand nasty store managers treating employees badly and not giving lunch breaks, etc., but I can't understand how employees would get paid late.   Isn't there some giant automated system to handle payroll?  Unless the managers didn't submit hours into the system.   (I once got fired for NOT taking lunch.)


  • Reply 10 of 14
    zoetmbzoetmb Posts: 2,654member

    wood1208 said:
    maestro64 said:

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    So what you are saying is because there are some worse jobs out there they should accept potentially illegal acts by their employer and erosion of contractual and legal benefits?
    I worked for the largest computer company for 2 decades and my contract said me as an computer engineer will be paid based on 40 hours/week(8 hours/day) and no overtime. Through out my carrier at the company, I ended up working between 10-12 hours/day, many week-ends and letting go part of my earned vacation every year. So, if you want job to pay bills than suck it up. It ain't your dad's corporation.People in 3rd world works harder and getting paid lot less. Apple knowingly would not do any illegal act. Those lawyers not making living want to find some problem and go after cash rich company like Apple.
    And unless they made you a "manager", in which case you would be "exempt" from overtime (and is only legit if you have people reporting to you), your company operated illegally.   No one should have to work under those circumstances.  Just because you sucked it up doesn't mean that Apple employees should.  Having said that, Apple can still be wrong and the lawyers can still wind up with most of the money.  

    Just because conditions in the 3rd world for workers is worse than the U.S. doesn't mean that U.S. workers should permit themselves to be screwed.  It's not like the retail workers make very much money.  If you're not going to pay well, then a company needs to treat the workers well and not violate the rules on breaks, lunch and getting paid on time.   Personally, I never take breaks and if I'm busy, I'll skip lunch, but I get paid well.  As I posted elsewhere, years ago I was in a retail unionized job and I actually got fired for NOT taking lunch, which I did because we were so busy.  I knew I wasn't getting paid for the hour.   But that idiot company is long out of business.  

    Some years ago, I accepted a fixed rate contractual deal in which I was paid for 22 days a month at 8 hours a day.   I wound up putting in far more hours than that.   At the end of the contract year, I told them that I couldn't accept that deal anymore and I was going to bill by the hour.   And they accepted that because they knew they needed me.   Unfortunately, since there's plenty of retail workers, Apple retail workers don't have a lot of negotiating power.   I don't generally like unions, but maybe Apple workers should organize. 
    vanessaW
  • Reply 11 of 14
    spice-boyspice-boy Posts: 1,450member

    wood1208 said:
    maestro64 said:

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    So what you are saying is because there are some worse jobs out there they should accept potentially illegal acts by their employer and erosion of contractual and legal benefits?
    I worked for the largest computer company for 2 decades and my contract said me as an computer engineer will be paid based on 40 hours/week(8 hours/day) and no overtime. Through out my carrier at the company, I ended up working between 10-12 hours/day, many week-ends and letting go part of my earned vacation every year. So, if you want job to pay bills than suck it up. It ain't your dad's corporation.People in 3rd world works harder and getting paid lot less. Apple knowingly would not do any illegal act. Those lawyers not making living want to find some problem and go after cash rich company like Apple.
    You were obviously on salary or just a fool to work all that extra time. 
    mac_dogurahara
  • Reply 12 of 14
    maestro64 said:

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    you think the pay at  the Apple Store is more than Walmart? hardly, and since you have admitted you never worked retail or because you couldn't handle people then what the hell do you know? if you have no experience with the topic then keep your mouth shut, knuckle dragger
  • Reply 13 of 14
    what bothers me the most is everyone is so concerned with third world conditions that they can't fathom that Apple would mistreat their employees. 800 working days of employment with them and not ONE break but a whole lot of overtime and I was corporate. So unless you were there shut your pie hole!
  • Reply 14 of 14
    wood1208 said:
    maestro64 said:

    Okay I never worked retail or fast food, since I always said I would kill a customer if they treated me the way most people treat people who are trying to help them especially ones who are making your food.

    However, these people need to get over these stupid thing, really if they think they got it bad working in a mall with heating and air condition and nice clear work environment I have a few jobs for them to try on for size for a day. just a day, I bet they would turn and run home to mommy screaming. These people should give Wal-Mart a try before they complain about Apple pay them a good wags just to stand around any answer questions and process one order.

    So what you are saying is because there are some worse jobs out there they should accept potentially illegal acts by their employer and erosion of contractual and legal benefits?
    I worked for the largest computer company for 2 decades and my contract said me as an computer engineer will be paid based on 40 hours/week(8 hours/day) and no overtime. Through out my carrier at the company, I ended up working between 10-12 hours/day, many week-ends and letting go part of my earned vacation every year. So, if you want job to pay bills than suck it up. It ain't your dad's corporation.People in 3rd world works harder and getting paid lot less. Apple knowingly would not do any illegal act. Those lawyers not making living want to find some problem and go after cash rich company like Apple.

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