I find it interesting that some comments on here are in defense of the employer. Why would anyone defend being viewed as a potential criminal, asked to prove to the employer that you are not, and on your own time, every time you leave your work area. Yes, theft is a huge problem for companies, so apparently searching employees does not work that well or every company would be doing it and we would not have a problem. Someone suggested that it is only 30 seconds of your time to be searched. The plaintiff's must be talking about all the time you spend in line waiting your turn. So all you company defenders you keep being good little boys and girls and don't sass Mommy or Daddy and do as your told. And you will like it, you ungrateful wretched little cretons that are so so lucky to have a job.
Yes I presume it's on employees time and it takes 15 minutes. Or that's the claim. That is they check out at 5 pm and are searched until 5:15 pm.
If you think this just comes down to company policy, then you are making the argument that there should be no labor laws. This is a perfectly legitimate pursuit. They want the interpretation of the law reviewed and the courts will decide.
News Flash: it was already decided with Amazon. Unanimous decision.
If you aren't happy go for the next job, no body forces you to continue if you don't like the policy.....oh don't say you never use your working hours on things like making phone calls, never ending chit chat or gossips and social media-ing on your smart devices, take longer breaks and disappearing acts!!!
Probably in those retail jobs they don't. My job is flexi and I work from 9-whenever which makes an occasional hour+ long lunch acceptable ( particularly since I often eat at my desk). In retail, in a busy store, you are kept going and lunch is regimented.
Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. ___ (2014), was a unanimous decision by the United States Supreme Court, ruling that time spent by workers waiting to undergo anti-employee theft security screenings is not "integral and indispensable" to their work, and thus not compensable under the Fair Labor Standards Act (FLSA). The Court delivered their ruling on December 9, 2014.[1][2][3]
Bull. Every job I've ever worked where a security check was required was considered on the employee's time, not on the clock.
But this is to be expected from the Millennial Generation, eh? "Look at me! I'm special...I'm on Facebook!"
I can think of a much more spoilt generation than the put upon millenials, the generation that hoped it died before it got old, but didn't and now is running off with the family silver.
I can think of a much more spoilt generation than the put upon millenials, the generation that hoped it died before it got old, but didn't and now is running off with the family silver.
Every new generation is worse than the previous one.
Bag and person searches are common practice for retail and considering the value of the rather small products made by Apple, it's absurd for employees to not expect the same practice there.
Class-action lawsuits are fishing expeditions. One or more disgruntled employees or comer employees hire a law firm and then "invitations" to join the suit are sent out to current and past employees. Every time I get class-action notifications in the mail attempting to sue someone, I throw that nonsense in the garbage.
Also... "creton"? No.
As usual a small minority is "ruining it for everybody".... ...but in fact they are.
Apples new policy affective immediately: NO PERSONAL PROPERTY ON OUR PROPERTY. come to work ready to go so you can leave when your shift is up.
No earrings, underwear, shoes, rings, medicines, personal hygiene products, car keys, glasses, contacts, hair accessories, socks, pants, shirts, skirts, bandages, medical implants/devices, or necklaces unless they belong to Apple. Employees are expected to walk into the store naked and then don Apple-provided gear. Lockers might be available outside the store at employee expense.
Quote:
Originally Posted by cm477
How long would such a search really take? 30 seconds? Certainly not 5, 10, or 15 minutes. Employee theft is a problem in the retail industry. Why not leave the bags at home?
I think the big complaint is that employees have to wait on a manager to come and inspect. The actual inspection doesn't take long. A manager isn't always immediately available.
"which led to unpaid wait times between 10 and 15 minutes at the end of every shift."
I have to partially side with the employees. If Apple takes too long, the employee should be compensated or allowed to leave without a search. Some people need to bring a bag. I bring my lunch with me to work everyday with reusable containers. Going out to eat for every meal or snack simply isn't an option for everyone. It gets cost-prohibitive, especially for the lower paid retail employees.
No earrings, underwear, shoes, rings, medicines, personal hygiene products, car keys, glasses, contacts, hair accessories, socks, pants, shirts, skirts, bandages, medical implants/devices, or necklaces unless they belong to Apple. Employees are expected to walk into the store naked and then don Apple-provided gear. Lockers might be available outside the store at employee expense.
I think the big complaint is that employees have to wait on a manager to come and inspect. The actual inspection doesn't take long. A manager isn't always immediately available.
"which led to unpaid wait times between 10 and 15 minutes at the end of every shift."
I have to partially side with the employees. If Apple takes too long, the employee should be compensated or allowed to leave without a search. Some people need to bring a bag. I bring my lunch with me to work everyday with reusable containers. Going out to eat for every meal or snack simply isn't an option for everyone. It gets cost-prohibitive, especially for the lower paid retail employees.
Since almost none of us here are actually lawyers or judges, I'll just say that the subject no longer interests me and I'd be perfectly satisfied with letting the drama continue in the courtroom between the parties involved.
I'm sympathetic to the employees ( if the 15 minutes timing is accurate) however the recent Supreme Court ruling surely makes this case unviable. The legal issue is the same, but Amazon won and the employees lost.
I used to work in restaurants and the cooks and bartenders always helped each other out with free food in exchange for free drinks and vice versa. So how do we know the inspectors are not in cahoots with the inspectees.
This either says Apple's lawyers are not very good at making a case for dismissal, or the judge saw something different in the case that was not covered by the SC decision.
While I believe the exit inspections should be done in a reasonable timeframe - say within 5 minutes of going off-shift & preparing to leave the store - didn't the employees know about this requirement prior to taking the job? If so, then crying "foul" at this point seems inappropriate. They should not have taken or kept the job once they came under and objected to the inspection requirement. As previously stated by several other posters, employe theft is a major problem for many retailers, and the products in Apple Stores are definitely hot items.
I do understand that honest people do not like to be treated like thieves; it's demeaning. It may also be true that many honest people understand the reasons for the "intrusion" and do not mind participating in their employer's anti-theft measures, which benefits employees pocketbooks as well as the employer's bottom line.
Bull. Every job I've ever worked where a security check was required was considered on the employee's time, not on the clock.
But this is to be expected from the Millennial Generation, eh? "Look at me! I'm special...I'm on Facebook!"
I think Millennial Generation are becoming lazy and demanding. I am sure there are may other who wouldn't mind having their jobs. Yes, at end of the day the lawyers will end up making money. Secondly, why is our government court system after Apple?
This is simply another money grab that exploits Apple's high standing in the community. Like it or not, Apple will always be judged by a different set of rules than any other manufacturer or retailer in business today. Apple is held to such high standards that many things that would be considered as commonplace or "standard operating procedures" are deemed to be offensive and impeachable offenses if conducted by Apple. Like it or not, the double standard exists and lawyers will exploit the living crap out of it until they suck all the the exposed blood out of Apple that they possibly can. Sad but true.
Comments
A lot of people here have sold out to corporations. Or a single corporation and support the corporation over the people. So be it.
Yes I presume it's on employees time and it takes 15 minutes. Or that's the claim. That is they check out at 5 pm and are searched until 5:15 pm.
If you think this just comes down to company policy, then you are making the argument that there should be no labor laws. This is a perfectly legitimate pursuit. They want the interpretation of the law reviewed and the courts will decide.
News Flash: it was already decided with Amazon. Unanimous decision.
https://en.wikipedia.org/wiki/Integrity_Staffing_Solutions,_Inc._v._Busk
Probably in those retail jobs they don't. My job is flexi and I work from 9-whenever which makes an occasional hour+ long lunch acceptable ( particularly since I often eat at my desk). In retail, in a busy store, you are kept going and lunch is regimented.
News Flash: it was already decided with Amazon. Unanimous decision.
https://en.wikipedia.org/wiki/Integrity_Staffing_Solutions,_Inc._v._Busk
Good find.
I can think of a much more spoilt generation than the put upon millenials, the generation that hoped it died before it got old, but didn't and now is running off with the family silver.
It looks like it's pointless to even proceed. This is exactly the same point of law.
I can think of a much more spoilt generation than the put upon millenials, the generation that hoped it died before it got old, but didn't and now is running off with the family silver.
Every new generation is worse than the previous one.
I'm just surprised that they aren't whining about how Apple should also reimburse them for the time it takes them to drive from home to work . . .
Bag and person searches are common practice for retail and considering the value of the rather small products made by Apple, it's absurd for employees to not expect the same practice there.
Class-action lawsuits are fishing expeditions. One or more disgruntled employees or comer employees hire a law firm and then "invitations" to join the suit are sent out to current and past employees. Every time I get class-action notifications in the mail attempting to sue someone, I throw that nonsense in the garbage.
Also... "creton"? No.
As usual a small minority is "ruining it for everybody".... ...but in fact they are.
I'm a lifelong organizer for the Office and professional employees International Union. It's time!
No earrings, underwear, shoes, rings, medicines, personal hygiene products, car keys, glasses, contacts, hair accessories, socks, pants, shirts, skirts, bandages, medical implants/devices, or necklaces unless they belong to Apple. Employees are expected to walk into the store naked and then don Apple-provided gear. Lockers might be available outside the store at employee expense.
How long would such a search really take? 30 seconds? Certainly not 5, 10, or 15 minutes. Employee theft is a problem in the retail industry. Why not leave the bags at home?
I think the big complaint is that employees have to wait on a manager to come and inspect. The actual inspection doesn't take long. A manager isn't always immediately available.
http://appleinsider.com/articles/15/06/10/apple-store-employees-complained-directly-to-tim-cook-over-bag-search-policy
"which led to unpaid wait times between 10 and 15 minutes at the end of every shift."
I have to partially side with the employees. If Apple takes too long, the employee should be compensated or allowed to leave without a search. Some people need to bring a bag. I bring my lunch with me to work everyday with reusable containers. Going out to eat for every meal or snack simply isn't an option for everyone. It gets cost-prohibitive, especially for the lower paid retail employees.
No earrings, underwear, shoes, rings, medicines, personal hygiene products, car keys, glasses, contacts, hair accessories, socks, pants, shirts, skirts, bandages, medical implants/devices, or necklaces unless they belong to Apple. Employees are expected to walk into the store naked and then don Apple-provided gear. Lockers might be available outside the store at employee expense.
I think the big complaint is that employees have to wait on a manager to come and inspect. The actual inspection doesn't take long. A manager isn't always immediately available.
http://appleinsider.com/articles/15/06/10/apple-store-employees-complained-directly-to-tim-cook-over-bag-search-policy
"which led to unpaid wait times between 10 and 15 minutes at the end of every shift."
I have to partially side with the employees. If Apple takes too long, the employee should be compensated or allowed to leave without a search. Some people need to bring a bag. I bring my lunch with me to work everyday with reusable containers. Going out to eat for every meal or snack simply isn't an option for everyone. It gets cost-prohibitive, especially for the lower paid retail employees.
Since almost none of us here are actually lawyers or judges, I'll just say that the subject no longer interests me and I'd be perfectly satisfied with letting the drama continue in the courtroom between the parties involved.
This either says Apple's lawyers are not very good at making a case for dismissal, or the judge saw something different in the case that was not covered by the SC decision.
I do understand that honest people do not like to be treated like thieves; it's demeaning. It may also be true that many honest people understand the reasons for the "intrusion" and do not mind participating in their employer's anti-theft measures, which benefits employees pocketbooks as well as the employer's bottom line.
Bull. Every job I've ever worked where a security check was required was considered on the employee's time, not on the clock.
But this is to be expected from the Millennial Generation, eh? "Look at me! I'm special...I'm on Facebook!"
I think Millennial Generation are becoming lazy and demanding. I am sure there are may other who wouldn't mind having their jobs. Yes, at end of the day the lawyers will end up making money. Secondly, why is our government court system after Apple?
This is simply another money grab that exploits Apple's high standing in the community. Like it or not, Apple will always be judged by a different set of rules than any other manufacturer or retailer in business today. Apple is held to such high standards that many things that would be considered as commonplace or "standard operating procedures" are deemed to be offensive and impeachable offenses if conducted by Apple. Like it or not, the double standard exists and lawyers will exploit the living crap out of it until they suck all the the exposed blood out of Apple that they possibly can. Sad but true.