Apple employee bag check class-action lawsuit revived
The U.S. Court of Appeals for the Ninth Circuit this week ruled that Apple must pay retail workers for the time they spend waiting for their bags to be checked.
Credit: Apple
That decision, rendered on Wednesday in a unanimous opinion, aligns with a previous California Supreme Court ruling. In February, California's high court determined that the time employees spend being screened at the end of their workday is compensable.
In its opinion Wednesday, the Ninth Circuit said that the U.S. District Court that presided over the original lawsuit, and handed Apple a victory, erred in its judgement. It added that the California Supreme Court's holding means that employees are now entitled to summary judgement on the issue of being compensated for the time.
The original lawsuit against Apple was filed in 2013, and claimed that Apple's policy of requiring workers to clock out before undergoing bag searches led to an hour and a half of unpaid work a week. It reached class action status in 2015.
In its ruling in February, California's high court determined that the time waiting for exit checks was compensable under California Industrial Welfare Commission Wage, which requires that employees are compensated for all time when subject to the control of an employer. That's because the Supreme Court found that the exit searches were required, involved a significant degree of control, are enforced through the threat of discipline, and are imposed primarily for Apple's benefit.
The Ninth Circuit panel on Wednesday also rejected Apple's arguments about some employees not bringing bags to work and said it's disputed whether the policy was enforced through discipline.
"Those purported disputed facts are irrelevant to whether time spent by class members waiting for and undergoing exit searches pursuant to the policy is compensable as 'hours worked' under California law," the opinion reads.
The Ninth Circuit reversed the original district court grant of Apple's motion for summary judgement and orders the court to grant the employees' summary judgement motion.
Credit: Apple
That decision, rendered on Wednesday in a unanimous opinion, aligns with a previous California Supreme Court ruling. In February, California's high court determined that the time employees spend being screened at the end of their workday is compensable.
In its opinion Wednesday, the Ninth Circuit said that the U.S. District Court that presided over the original lawsuit, and handed Apple a victory, erred in its judgement. It added that the California Supreme Court's holding means that employees are now entitled to summary judgement on the issue of being compensated for the time.
The original lawsuit against Apple was filed in 2013, and claimed that Apple's policy of requiring workers to clock out before undergoing bag searches led to an hour and a half of unpaid work a week. It reached class action status in 2015.
In its ruling in February, California's high court determined that the time waiting for exit checks was compensable under California Industrial Welfare Commission Wage, which requires that employees are compensated for all time when subject to the control of an employer. That's because the Supreme Court found that the exit searches were required, involved a significant degree of control, are enforced through the threat of discipline, and are imposed primarily for Apple's benefit.
The Ninth Circuit panel on Wednesday also rejected Apple's arguments about some employees not bringing bags to work and said it's disputed whether the policy was enforced through discipline.
"Those purported disputed facts are irrelevant to whether time spent by class members waiting for and undergoing exit searches pursuant to the policy is compensable as 'hours worked' under California law," the opinion reads.
The Ninth Circuit reversed the original district court grant of Apple's motion for summary judgement and orders the court to grant the employees' summary judgement motion.
Comments
Workers should be angry at those that make this measure necessary, not at Apple. Check yourself. Hold each other accountable.
While it's not my desire to hold Apple responsible for all the evils and ills in the world, it really bugs me they make mandatory a practice that requires employee off the clock participation. The employer(s) who made this and other decisions couldn't be farther from the other end of the pay scale than the employees it effects.
Corporations don't make money by giving it away at every turn. But this is a really disappointing practice and I hope it's shut down once and for all. I have to revisit the article to see if it's stopped. In past articles I didn't see that mentioned.
When I worked in the copper mines we punched in as soon as we walked on site and were on the clock then we had a very very long walk to the crusher and from the crusher to the time clock and were paid for that walk, so yes they should be paid for that long walk....
I think you are missing the point. This topic was discussed in detail in one of the previous threads in AI. The main issue is - amount of time it takes to complete this bag check due to the long queue. If I remember correctly, the time taken to complete the bag check was 30+ minutes as pointed out in one of the comments in the previous thread. That is a lot of time to sacrifice for anyone.
Who pays me to drive to work?
Who pays me to drive home from work?
Sorry, but we all use a lot of personal time that is unpaid when it comes to our job. A bag check is nothing in the greater scheme of things. And it seems to have been implemented because of morons who get hired at Apple yet then feel entitled to take what is not theirs.
The more benefits you give people, the more they will want. Human beings are never satisfied. I think Apple has struck a good balance to date considering just how difficult the human brain is to handle. It's really amazing they are still based in California with all the left-leaning laws and verdicts handed down.
Apple frets over every little detail. Why can't they design a bag check system that takes as little as time possible and allows for punching out after bag checks? This extended fight tells employees to F-off, we don't care about you.
But let's analyze your assessment. I said I don't get paid to drive to and from work. Only I know that, not you. Therefore I am informed about that matter while you are not. As to why businesses move outside the USA, that has been well established. When costs rise too much, you must raise prices or reduce costs or both. And as to the goings on in California, as someone who lived 24 years there, I speak from an informed position. As to human beings never being satisfied, well, I doubt this rebuttal will satisfy you, furthering my point. :-)
Next time, just say you disagree. That's far better than name-calling.