Former employee hits Apple with unpaid overtime suit

[AppleInsider]

A new lawsuit accuses Apple of failing to pay its employees proper wages for overtime work, alleging the Mac-maker demanded its employees put in more than 40 hours per week without proper compensation.

Filed in a U.S. District Court in Miami, Fla., this week, the class-action suit, on behalf of former Apple employee Kenyon Zahner and other unnamed plaintiffs, claims that the employer violated the Fair Labor Standards Act, and that the employees are entitled to compensation for their unpaid overtime.

"During Plaintiff's employment, Defendant (Apple) required Plaintiff (Zahner), a non-exempt employee under the FLSA, and others similarly situated, to work in excess of forty (40) hours per work-week, and willfully refused to compensate Plaintiff, and others similarly situated, for all such work pursuant to the FLSA," the suit reads.

The four-page lawsuit offers minimal details on Zahner or his role in Apple. It does not mention whether he worked at an Apple Store or elsewhere, or what he did for the company. It simply says that Zahner is a former employee of Apple in Florida. The company yet has not filed a response with the court.

Zahner and his co-plaintiffs were unable to produce the exact amount of overtime they believe they are owed. The suit alleges that the hours worked by the employees are in the "exclusive possession and sole custody and control" of Apple. The court filing states that the employees are entitled to time-and-a-half pay for their overtime work.

"The Plaintiff, however, will exert diligent efforts to obtain such information by appropriate discovery proceedings, to be taken promptly in this case," the suit reads.

The suit asks for compensation according to the FLSA, including liquidated damages and coverage of attorney costs and court fees. The plaintiffs have requested a trial by jury. The suit was filed Monday in a Broward County, Fla., court.

[ View this article at AppleInsider.com ]

[dualie]

You mean they didn't keep track of their own hours?

[brucep]

Originally Posted by dualie

You mean they didn't keep track of their own hours?

second

[Quadra 610]

Something about this is very fishy.

[petermac]

Originally Posted by Quadra 610

Something about this is very fishy.

I recall similar claims made many years ago against Apple. This sort of thing should be worked out in mediation.

[JohnnyKrz]

Originally Posted by dualie

You mean they didn't keep track of their own hours?

I can see how if you use a digital time clock, you get lazy and just punch in and out without keeping track. However, you should receive a copy of your hours when you get paid. Even if you trusted the company and never looked at it, you should probably start doing so and keeping track of your own hours if you think you are being unfairly compensated. How can you prove a case if you don't have, you know, proof?

[bobringer]

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

[lordeagle]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

+1 and I share you situation (consulting?). I often come across articles of people bit*ing about working 10 extra hours over one month and not getting paid. We're usually in a good spot when we're "only" working 50hrs / week. Lolol

[Chris_CA]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

Are you an exempt or non-exempt employee?

[kvocal]

This smells fishier that 2 day old warm sushi

[Wiggin]

Originally Posted by petermac

I recall similar claims made many years ago against Apple. This sort of thing should be worked out in mediation.

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

If I recall correctly, the previous issue was an exempt employee (ie, salaried; ie, you get paid the same regardless of how many hours you work, for those who may not be familiar with the terms).

I'm in the same boat as you, bobringer. I assume you are also an exempt employee. But if this guy is non-exempt, and is being paid hourly (vs a set salary), then he should be getting paid for overtime. In the rare circumstance that he works less than 40 hours, you can bet Apple will pay him less. If he works more he should get paid more, depending on the specific Florida laws that govern non-exempt employment.

That said, if he can't prove the hours he worked, he's going to have a tough time in court.

[JavaCowboy]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

That's not the point.

There are certain professions where your base salary is expected to compensate for any overtime that you do. The extreme example is a CEO, many of whom work well above 40 hours a week due to the high level of responsibility they take on.

At the other extreme is somebody being paid minimum wage. They're being paid rock-bottom wages. It's expected that if they work above and beyond their hours that they get compensated because they earn so little. What's more, the idea is since many of them have families and are struggling to make ends meet, time away from their families should be compensated.

Obviously, the vast majority of people fall in between these two extremes. I don't know where this particular employee fits.

However, if he's a retail employee not making a good salary (say, $40,000) that doesn't entail a lot of responsibility, then I'd say that he's getting a bad deal. On the other hand, if he's a senior software developer pulling down six figures, then I have less sympathy.

[Robin Huber]

I was an Apple Store part time employee in one of the first stores. I don't recall a time clock or any other formal accounting for hours. Our schedule for the week was posted in the back room and we just showed up, did our hours, went home, and picked up our paychecks when we were told they were ready. I believe that the store manager kept track of hours. I never had any complaints and was never asked to work for free. Things may have been relatively loosey-goosey in the early days as Apple was feeling its way through the retail experience, and are probably much different now with so many more stores and employees. It was fun and exciting in those days. I remember fondly the free water that the Geniuses gave out from refrigerators built into the cabinets behind the Genius Bar.

[eAi]

I work in the games industry and it's very common to not get paid overtime, yet you're expected to do it (during 'crunch' at least).

[anonymouse]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

First of all, if it weren't for the assistance of France, the colonial revolt that resulted in the creation of the U.S. and its Constitution would have almost certainly have failed. Perhaps another later revolt might have succeeded or the colonies might have achieved independence in another way, but there's no certainty that the country you live in would be the same one you are lucky enough to live in today. So, the next time you want to bash the French, why don't you just show a little gratitude for the privileged life you live instead.

Secondly, I think it's a pretty safe assumption that you are being compensated at a considerably higher rate than the average hourly employee. So, instead of ridiculing those who are paid hourly at lower rates, again, why don't consider how lucky you are for your good fortune.

Lastly, while I make no judgment on the validity of the claims against Apple, for those who are paid hourly, the problem of employers stealing labor by not fully compensating them for the time worked is not an uncommon occurrence.

And, frankly, I think you'd be crying pretty hard yourself if your employer decided to not pay you the amount that was agreed upon in your next paycheck, or if you're self employed, if your customers helped themselves to a 20% discount.

[Olternaut]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

Did you get paid for those extra hours of work?

[jazzguru]

So they're saying: "I didn't get paid for extra hours that I worked, but I can't prove I worked those extra hours."

Their lawyer must be a real winner.

[kpluck]

I don't know what the law is like in Florida but in California, exempt vs. non-exempt is a bit tricky.

Just because a company pays you like a salaried worker (not by the hour) doesn't automatically make you exempt. California put strict requirements in place describing the duties an exempt worker must be responsible for to quality as exempt. They did this to prevent companies from avoiding OT by making their workers salaried employees.

I think this was Apple's problem in the other lawsuit which was filed in California (don't quote me on that). However, I have no idea if Florida has similar restrictions.

-kpluck

[daratbastid]

wonder if these "former" employees are now working at Palm

[Guartho]

Originally Posted by anonymouse

First of all, if it weren't for the assistance of France, the colonial revolt that resulted in the creation of the U.S. and its Constitution would have almost certainly have failed.

Are you honestly saying we should be nice because completely different French people under a completely different French government were incredibly helpful to completely different Americans under a completely different British government?

[jazzguru]

Originally Posted by Guartho

Are you honestly saying we should be nice because completely different French people under a completely different French government were incredibly helpful to completely different Americans under a completely different British government?

I suppose we're all still guilty of the abomination that was slavery, too.

[Guartho]

I often think about tie-ing up my wife and whipping her. Does that count?

[rnp1]

Originally Posted by daratbastid

wonder if these "former" employees are now working at Palm

(Thats called Palm grease!)


ANYWAY, TACO (the time clock) WON'T LET AN APPLE EMPLOYEE WORK UNPAID HOURS. YOU LOGIN AND LOGOUT! AND EACH TIME YOU DO, YOU ARE ASKED TO REPORT ANY HOURS YOU FEEL WERE UNCOMPENSATED! THIS IS A BOGUS SUIT AND APPLE IS TOTALLY COVERED. Sorry fakey flakey!

[mdriftmeyer]

Originally Posted by JohnnyKrz

I can see how if you use a digital time clock, you get lazy and just punch in and out without keeping track. However, you should receive a copy of your hours when you get paid. Even if you trusted the company and never looked at it, you should probably start doing so and keeping track of your own hours if you think you are being unfairly compensated. How can you prove a case if you don't have, you know, proof?

Those hours are on your pay stub. Any adult working knows how to count. They should have filed grievances from the first paycheck of overtime they didn't receive and move forward.

This lack of keeping their hours is ignorance of the law, a position not supported by the Courts.

[alansky]

If this story is legitimate, there has to be a record of how many hours he worked. How did he expect to get paid overtime if he didn't report his overtime hours every week???

[CurtisEMayle]

Originally Posted by dualie

You mean they didn't keep track of their own hours?

Certainly, but as stated they can't state "exactly" the number of hours as they're on timecards which are now in the possession of Apple. That's why their filing states "The Plaintiff, however, will exert diligent efforts to obtain such information by appropriate discovery proceedings ..."

[anonymouse]

Originally Posted by Guartho

Are you honestly saying we should be nice because completely different French people under a completely different French government were incredibly helpful to completely different Americans under a completely different British government?

Not at all. I'm saying that you should be respectful because the direct ancestors of the current French people provided assistance that was instrumental in the establishment of the U.S. as it exists today, possibly to your direct ancestors. I mean, you're free to do otherwise, but it reflects poorly on this country when you do.

[webfrasse]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

What a big boy you are. Very manly...

Get a life...

[mdriftmeyer]

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

I don't care if you work 70 hours per week. You're a complete moron if, as a non-exempt (hourly employee), you don't track those 30 hours of overtime.

Whether it's time and a half or some other rate, depending on the State you reside, you are entitled to being properly compensated.

However, you cannot just claim this without proof; and as I mentioned in another comment, you would be filing grievances from the first week onward about not getting paid for overtime, if you actually worked overtime.

Then again, a salaried employee that works 70 hours is a bigger moron, for not being sharp enough to know the law of diminishing returns on extended hours concerned with performance efficiencies and health.

[JavaCowboy]

Just to expand on France, the whole "surrender monkey" label is unjustified, since France suffered over 1.5 million casualties in World War I:

http://en.wikipedia.org/wiki/World_W...y_1914_borders

That was 4.29% of their population.

Another reason it's a fallacy to call the French wimps.

Originally Posted by anonymouse

First of all, if it weren't for the assistance of France, the colonial revolt that resulted in the creation of the U.S. and its Constitution would have almost certainly have failed. Perhaps another later revolt might have succeeded or the colonies might have achieved independence in another way, but there's no certainty that the country you live in would be the same one you are lucky enough to live in today. So, the next time you want to bash the French, why don't you just show a little gratitude for the privileged life you live instead.

Secondly, I think it's a pretty safe assumption that you are being compensated at a considerably higher rate than the average hourly employee. So, instead of ridiculing those who are paid hourly at lower rates, again, why don't consider how lucky you are for your good fortune.

Lastly, while I make no judgment on the validity of the claims against Apple, for those who are paid hourly, the problem of employers stealing labor by not fully compensating them for the time worked is not an uncommon occurrence.

And, frankly, I think you'd be crying pretty hard yourself if your employer decided to not pay you the amount that was agreed upon in your next paycheck, or if you're self employed, if your customers helped themselves to a 20% discount.

[CurtisEMayle]

Originally Posted by eAi

I work in the games industry and it's very common to not get paid overtime, yet you're expected to do it (during 'crunch' at least).

There should be no issue with an employer's expectation, as long as a non-exempt employee's expectation to be compensated is similarly met.

What is commonly at issue, are some management's practice of budgetary manipulation at the employee's expense.

[jeffharris]

Originally Posted by JavaCowboy

There are certain professions where your base salary is expected to compensate for any overtime that you do. The extreme example is a CEO, many of whom work well above 40 hours a week due to the high level of responsibility they take on.

Oh yeah, my heart bleeds for them. All those extra hours "working" at the golf course, sucking down martinis, is a real bitch. Absolutely exhausting.

Why, they aught to sue!

[Dlux]

Originally Posted by petermac

I recall similar claims made many years ago against Apple. This sort of thing should be worked out in mediation.

Or worked out with medication.

(This is happening in Florida, after all.)

[VinitaBoy]

"First of all, if it weren't for the assistance of France, the colonial revolt that resulted in the creation of the U.S. and its Constitution would have almost certainly have failed. Perhaps another later revolt might have succeeded or the colonies might have achieved independence in another way, but there's no certainty that the country you live in would be the same one you are lucky enough to live in today. So, the next time you want to bash the French, why don't you just show a little gratitude for the privileged life you live instead."

Thanks to France, we are, indeed, a free and independent nation. (Not sure for how much longer, however.) That said, I seem to recall TWO WORLD WARS in which we MORE than repaid any debt incurred during our revolutionary struggle. Please, anonymouse, do not even begin to equate the sacrifices France made 230 years ago with those the USA has made in the past 100. Without our intervention in those two EUROPEAN conflicts (most certainly not OURS), there would probably be a France today . . . but its capital would be Berlin.

N'est-ce pas?

[souliisoul]

Originally Posted by mdriftmeyer

I don't care if you work 70 hours per week. You're a complete moron if, as a non-exempt (hourly employee), you don't track those 30 hours of overtime.

Whether it's time and a half or some other rate, depending on the State you reside, you are entitled to being properly compensated.

However, you cannot just claim this without proof; and as I mentioned in another comment, you would be filing grievances from the first week onward about not getting paid for overtime, if you actually worked overtime.

Then again, a salaried employee that works 70 hours is a bigger moron, for not being sharp enough to know the law of diminishing returns on extended hours concerned with performance efficiencies and health.

Hmm many CEO work 60+ hrs are their morons, your opinion is just that.

[JavaCowboy]

Originally Posted by VinitaBoy

"First of all, if it weren't for the assistance of France, the colonial revolt that resulted in the creation of the U.S. and its Constitution would have almost certainly have failed. Perhaps another later revolt might have succeeded or the colonies might have achieved independence in another way, but there's no certainty that the country you live in would be the same one you are lucky enough to live in today. So, the next time you want to bash the French, why don't you just show a little gratitude for the privileged life you live instead."

Thanks to France, we are, indeed, a free and independent nation. (Not sure for how much longer, however.) That said, I seem to recall TWO WORLD WARS in which we MORE than repaid any debt incurred during our revolutionary struggle. Please, anonymouse, do not even begin to equate the sacrifices France made 230 years ago with those the USA has made in the past 100. Without our intervention in those two EUROPEAN conflicts (most certainly not OURS), there would probably be a France today . . . but its capital would be Berlin.

N'est-ce pas?

Russia had far more casualties in each war than the U.S. did in both wars:

http://en.wikipedia.org/wiki/World_W...y_1914_borders
http://en.wikipedia.org/wiki/World_W...ses_by_country

(Hint: For WWII, look up "Soviet Union")

What's your point? The U.S. didn't even lose a million people in both wars combined. Even France had more casualties than the U.S. in WWII.

You have a strange definition of "sacrifice", don't you?

[jazzguru]

Tangent alert!

[SpamSandwich]

Originally Posted by jazzguru

So they're saying: "I didn't get paid for extra hours that I worked, but I can't prove I worked those extra hours."

Their lawyer must be a real winner.

The judge should kick these guys to the curb.

[chronster]

I don't know how it is in Florida, but in Virginia, if you're salary, overtime pay is optional by the employee, and generally non-existent. If you're salary, you get the job done as long as it takes. This goes both ways though, and sometimes you get paid for an 8 hour day after working 4.

I've heard horror stories of guys getting out of college making 75k a year bragging about it at first, then finding 70-80 hour work weeks to be the norm. In the end they are making the equivalent of 20 bucks an hour.

[chronster]

Originally Posted by SpamSandwich

The judge should kick these guys to the curb.

No, they can't prove it because Apple holds their timecards.

Wait, scratch that, it should be on their pay stubs I think.