Former employee hits Apple with unpaid overtime suit

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Comments

  • Reply 21 of 94
    guarthoguartho Posts: 1,208member
    I often think about tie-ing up my wife and whipping her. Does that count?
  • Reply 22 of 94
    rnp1rnp1 Posts: 175member
    Quote:
    Originally Posted by daratbastid View Post


    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!
  • Reply 23 of 94
    mdriftmeyermdriftmeyer Posts: 7,503member
    Quote:
    Originally Posted by JohnnyKrz View Post


    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.
  • Reply 24 of 94
    alanskyalansky Posts: 235member
    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???
  • Reply 25 of 94
    Quote:
    Originally Posted by dualie View Post


    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 ..."
  • Reply 26 of 94
    anonymouseanonymouse Posts: 6,860member
    Quote:
    Originally Posted by Guartho View Post


    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.
  • Reply 27 of 94
    Quote:
    Originally Posted by bobringer View Post


    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...
  • Reply 28 of 94
    mdriftmeyermdriftmeyer Posts: 7,503member
    Quote:
    Originally Posted by bobringer View Post


    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.
  • Reply 29 of 94
    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.



    Quote:
    Originally Posted by anonymouse View Post


    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.



  • Reply 30 of 94
    Quote:
    Originally Posted by eAi View Post


    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.
  • Reply 31 of 94
    Quote:
    Originally Posted by JavaCowboy View Post


    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!
  • Reply 32 of 94
    dluxdlux Posts: 666member
    Quote:
    Originally Posted by petermac View Post


    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.)
  • Reply 33 of 94
    "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?
  • Reply 34 of 94
    Quote:
    Originally Posted by mdriftmeyer View Post


    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.
  • Reply 35 of 94
    Quote:
    Originally Posted by VinitaBoy View Post


    "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?
  • Reply 36 of 94
    jazzgurujazzguru Posts: 6,435member
    Tangent alert!
  • Reply 37 of 94
    SpamSandwichSpamSandwich Posts: 33,407member
    Quote:
    Originally Posted by jazzguru View Post


    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.
  • Reply 38 of 94
    chronsterchronster Posts: 1,894member
    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.
  • Reply 39 of 94
    chronsterchronster Posts: 1,894member
    Quote:
    Originally Posted by SpamSandwich View Post


    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.
  • Reply 40 of 94
    Quote:
    Originally Posted by chronster View Post


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



    Can't the plaintiff file a subpoena to get their timecards from Apple?
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