Apple to face labor related class-action suit after court denies motion to dismiss

Posted:
in General Discussion edited December 2014
A three-judge panel in California's Superior Court recently denied Apple's appeal to throw out a class-action lawsuit lodged by current and former employees who claim the company's treatment of workers violate state labor codes.

Apple Store Staff


According to court documents obtained by PC Mag, Apple's motion to dismiss a class-action suit involving more than 20,000 employees claiming California Labor Code violations has been denied.

"The petition for writ of mandate, informal response, and reply have been read and considered by Justices Nares, McDonald, and O'Rourke. The petition is denied," said an order from the Superior Court of Appeal in San Diego dated Nov. 26.

The lawsuit was initially brought to court in 2011 by former Apple Store employee Brandon Felczer, who alleges he was not granted appropriate break time, meal time and timely paychecks. Also named as plaintiffs on the original complaint are Ryan Goldman, Ramsey Hawkins and Joseph Lane Carc. In July, Apple Store and corporate Apple employees were certified class status, opening eligibility to thousands of workers.

At the time, plaintiffs' counsel Tyler Belong said, "In other words, as of yesterday's ruling, Apple now faces claims of meal period, rest period and final pay violations affecting approximately 20,000 current and former Apple employees."

An ex parte hearing is set for Dec. 9, while the case docket currently shows a civil hearing scheduled for April 2015. The class has not yet put a number on remedial monetary demands, though attorneys are seeking damages and restitution of all monies due to plaintiffs from unlawful business practices as pursuant to ten California Labor Code sections.
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Comments

  • Reply 1 of 31
    This honestly sounds like garbage from butt hurt former employees.
  • Reply 2 of 31
    I want to sue Apple. I dropped my iPad yesterday and it hit my toe.
  • Reply 3 of 31
    droidftwdroidftw Posts: 1,009member

    I witnessed a similar lawsuit at a former employer of mine.  The company was rightfully slapped on the hand with a hefty fine, but once distributed among those who chose to join (and of course lawyer fees), those employees received a pittance of a monetary award.  In turn the company tightened the rules to be much more strict after the fact.  Everyone suffered in the end and most weren't happy with how everything turned out.  The workers are damned if they do, damned if they don't.  If they don't like the break time and lunch time rules, they should just leave.  Nothing good will come of this lawsuit.  Apple will definitely have the last laugh.

  • Reply 4 of 31
    radarthekatradarthekat Posts: 2,731moderator
    Quote:

    Originally Posted by DroidFTW View Post

     

    I witnessed a similar lawsuit at a former employer of mine.  The company was rightfully slapped on the hand with a hefty fine, but once distributed among those who chose to join (and of course lawyer fees), those employees received a pittance of a monetary award.  In turn the company tightened the rules to be much more strict after the fact.  Everyone suffered in the end and most weren't happy with how everything turned out.  The workers are damned if they do, damned if they don't.  If they don't like the break time and lunch time rules, they should just leave.  Nothing good will come of this lawsuit.  Apple will definitely have the last laugh.




    I guess those employees wish they had gone to pick lettuce in the central valley rather than taking a job with such a harsh employer.  We've become a society of lazy takers.

  • Reply 5 of 31
    larryalarrya Posts: 530member
    What if the employer was actually the lazy taker?
  • Reply 6 of 31
    IIRC their expectations were the ridiculous California "rules" that are as unreasonable as most things in California.
  • Reply 7 of 31
    Motions to dismiss are standard at this point in a case. This is a non-story.
  • Reply 8 of 31
    bobschlobbobschlob Posts: 1,074member
    Quote:

    Originally Posted by LarryA View Post



    What if the employer was actually the lazy taker?



    Yep.  Apple : synonymous with "lazy". :rolleyes:

  • Reply 9 of 31
    wizard69wizard69 Posts: 12,641member
    IIRC their expectations were the ridiculous California "rules" that are as unreasonable as most things in California.

    Actually most states have fairly strict rules about lunch (meal) breaks. In NY it is one hour for lunch and there is a defined range of time. Interestingly there is nothing mentioned of breaks.

    It would be ideal if people would sit down and actually read the labor laws, understand them and understand who they apply to. Every state is different and sometimes the requirements vary widely.
  • Reply 10 of 31
    The Entitlement Generation strikes again.

    I can't wait for robots to replace 80% of the workforce.
  • Reply 11 of 31
    crowleycrowley Posts: 5,606member

    Yeah workers are so entitled to want occasional breaks and to be paid on time.

  • Reply 12 of 31
    crowley wrote: »
    Yeah workers are so entitled to want occasional breaks and to be paid on time.
    They get their breaks. I've been at a store with a tech and another tech took over so his colleague could take a break. The store was busy also.

    They don't have an option but to break.
  • Reply 13 of 31
    Amazing that Bruce Sewell still has a job.
  • Reply 14 of 31
    boredumbboredumb Posts: 1,406member
    Quote:

    Originally Posted by SpamSandwich View Post



    The Entitlement Generation strikes again.



    I can't wait for robots to replace 80% of the workforce.

    Bet they go down for maintenance for longer than a measly 15 minutes...

  • Reply 15 of 31
    crowleycrowley Posts: 5,606member
    Quote:

    Originally Posted by fruitstandninja View Post





    They get their breaks. I've been at a store with a tech and another tech took over so his colleague could take a break. The store was busy also.



    They don't have an option but to break.



    And I've seen a white person be nice to a black person, so racism doesn't exist.

  • Reply 16 of 31
    runbuhrunbuh Posts: 315member
    This honestly sounds like garbage from butt hurt former employees.
    A three-judge panel in California's Superior Court recently denied Apple's appeal to throw out a class-action lawsuit lodged by current and former employees who claim the company's treatment of workers violate state labor codes.

    So it's butt hurt current and former employees.
  • Reply 17 of 31
    rhyderhyde Posts: 294member
    I am an employer in California. California *does* have some ridiculous labor laws. That said, it is the employer's responsibility to follow them. This includes *training* your low-level managers to follow the laws. 90% if the time when there is a labor law violation (and I'm sure that's the situation in this case) there is a disconnect between upper management (in particular, corporate lawyers) and the low-level managers who force people to work through their breaks because the floor is busy.

    Also, if the company requires you to go through security, they can't make you waste *your* time on this. If you aren't free to do what you want during some time period, you get paid for it, period. That's reasonable and fair.

    Yes, in the end the lawyers make a lot of money, the plaintiffs get a pittance. But at the same time it does force the corporation to change policies or enforce existing policies better. Yes, Apple may be a wonderful company; but when it comes to managing their employees, that management is done by low-level people whom, as individuals, might not be so wonderful.
  • Reply 18 of 31
    The Entitlement Generation strikes again.

    I can't wait for robots to replace 80% of the workforce.

    Robots become disgruntled, turns on humans, enslave and exterminate mankind. Don't think you want that buddy.
  • Reply 19 of 31
    voan wrote: »
    Robots become disgruntled, turns on humans, enslave and exterminate mankind. Don't think you want that buddy.

    I'm willing to risk it.
  • Reply 20 of 31
    crowleycrowley Posts: 5,606member
    Excellent pedantry Quote:
    Originally Posted by runbuh View Post

     
    A three-judge panel in California's Superior Court recently denied Apple's appeal to throw out a class-action lawsuit lodged by current and former employees who claim the company's treatment of workers violate state labor codes.



    So it's butt hurt current and former employees.



    Excellent pedantry :D

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