Apple employee bag check class-action lawsuit revived

Posted:
in General Discussion
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
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.
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Comments

  • Reply 1 of 38
    Without a union in their corner, it took Seven Years of the expensive litigation and some serious luck to come to the just result for workers. 
    muthuk_vanalingamronn
  • Reply 2 of 38
    Rayz2016Rayz2016 Posts: 6,699member
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    mwhitemuthuk_vanalingamronnurahararazorpitelijahgCarnagedysamoriachemengin1charlesatlas
  • Reply 3 of 38
    I don’t understand why Apple keeps on fighting this, just pay them! These guys are the only brand representatives that customers really talk to, and they’re worth it. One call with from Tim Cook to legal will end this.
    muthuk_vanalingamronnuraharaelijahgCarnagecharlesatlas
  • Reply 4 of 38

    Workers should be angry at those that make this measure necessary, not at Apple. Check yourself. Hold each other accountable.
    watto_cobra
  • Reply 5 of 38
    macguimacgui Posts: 1,990member
    I know that way back when there were other companies that had the same unconscionable practice. A bag check is an unfortunate necessity, but fair treatment of their employees should be as well.

    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.
    bageljoeyelijahgCarnagedysamoria
  • Reply 6 of 38
    Rayz2016 said:
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    Do workers have to be paid for the time it takes them to walk from the front door of their very large corporate HQ building to their office desk? I wouldn’t think so. And if the bag check occurs at the main entrance, then that I suspect that that wouldn’t be payable time either. But I am neither a lawyer nor American. 
    watto_cobra
  • Reply 7 of 38
    Rayz2016 said:
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    Do workers have to be paid for the time it takes them to walk from the front door of their very large corporate HQ building to their office desk? I wouldn’t think so. And if the bag check occurs at the main entrance, then that I suspect that that wouldn’t be payable time either. But I am neither a lawyer nor American. 
    This has nothing to do with going to work.  It's all about leaving from work.  The workers had to clock out and then be subject to the bag check on their own time.  The argument is the bag check is a work related activity therefore should be a paid activity.  
    mwhiteronnelijahgCarnagedysamoriachemengin1
  • Reply 8 of 38
    mwhitemwhite Posts: 258member
    Rayz2016 said:
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    Do workers have to be paid for the time it takes them to walk from the front door of their very large corporate HQ building to their office desk? I wouldn’t think so. And if the bag check occurs at the main entrance, then that I suspect that that wouldn’t be payable time either. But I am neither a lawyer nor American. 

    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....
    edited September 2020 muthuk_vanalingamronnrazorpitelijahgdysamoriahammeroftruthwatto_cobra
  • Reply 9 of 38
    I wonder what the rate of theft is by Apple employees discovered through these bag checks? 
    edited September 2020 watto_cobra
  • Reply 10 of 38
    Rayz2016Rayz2016 Posts: 6,699member
    Rayz2016 said:
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    Do workers have to be paid for the time it takes them to walk from the front door of their very large corporate HQ building to their office desk? I wouldn’t think so. And if the bag check occurs at the main entrance, then that I suspect that that wouldn’t be payable time either. But I am neither a lawyer nor American. 
    The bag check is carried out when they leave the store, not when they arrive. Apple is not looking for employees trying to sneak stuff into the stores. 
    mwhiteronndysamoria
  • Reply 11 of 38
    I wonder what the rate of theft is by Apple employees discovered through these bag checks? 
    You have to factor in the deterrence the bag checks have caused to prevent theft and that’s impossible to do. 

    Apple should have 100% paid them. A trillion dollar company stiffing hourly wage employees is and looks horrible. 
    ronnrazorpitelijahgCarnagedysamoriachemengin1
  • Reply 12 of 38
    I wonder what the rate of theft is by Apple employees discovered through these bag checks? 
    You have to factor in the deterrence the bag checks have caused to prevent theft and that’s impossible to do. 

    Apple should have 100% paid them. A trillion dollar company stiffing hourly wage employees is and looks horrible. 
    I’ve worked at places where a bag/backpack check was required and never did I imagine I was “owed” anything for the brief amount of my time that was taken. I worked there voluntarily and could’ve quit at any time.
    pulseimageswatto_cobra
  • Reply 13 of 38
    I wonder what the rate of theft is by Apple employees discovered through these bag checks? 
    You have to factor in the deterrence the bag checks have caused to prevent theft and that’s impossible to do. 

    Apple should have 100% paid them. A trillion dollar company stiffing hourly wage employees is and looks horrible. 
    I’ve worked at places where a bag/backpack check was required and never did I imagine I was “owed” anything for the brief amount of my time that was taken. I worked there voluntarily and could’ve quit at any time.

    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.
    edited September 2020 ronnrazorpitelijahgdysamoriachemengin1
  • Reply 14 of 38
    jdwjdw Posts: 937member
    This is why so much of American manufacturing has moved outside the USA.  All those seemingly positive changes that arguably do benefit the employee is what leads to people having a harder time finding jobs in the US.  Somebody complains, changes are made, laws altered, then it gets too expensive to manufacture in the USA, then the company moves manufacturing overseas and those jobs are gone.  

    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.  
    watto_cobra
  • Reply 15 of 38
    ronnronn Posts: 413member
    When I worked security at Bergdorf's many years ago, the time clock was right next to the security office. There would be at least two security officers, at least one supervisor and manager from the Security Dept, and at least a couple floor/store managers available to assist in bag checks during busy periods. The store also supplied lockers for all employees where personal items and bags were placed before heading onto the selling floors. Larger items and employee purchases would be placed in an employee check room.

    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.
    muthuk_vanalingamelijahgdysamoria
  • Reply 16 of 38
    Somebody better inform Costco, WalMart, etc., who all do checks.
    watto_cobra
  • Reply 17 of 38
    jdw said:
    This is why so much of American manufacturing has moved outside the USA.  All those seemingly positive changes that arguably do benefit the employee is what leads to people having a harder time finding jobs in the US.  Somebody complains, changes are made, laws altered, then it gets too expensive to manufacture in the USA, then the company moves manufacturing overseas and those jobs are gone.  

    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.  
    You are amazingly uniformed it isn’t even funny. 
    CloudTalkinronnSpamSandwichelijahgdysamoriacharlesatlashammeroftruthrattlhed
  • Reply 18 of 38
    jdwjdw Posts: 937member
    jdw said:
    This is why so much of American manufacturing has moved outside the USA.  All those seemingly positive changes that arguably do benefit the employee is what leads to people having a harder time finding jobs in the US.  Somebody complains, changes are made, laws altered, then it gets too expensive to manufacture in the USA, then the company moves manufacturing overseas and those jobs are gone.  

    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.  
    You are amazingly uniformed it isn’t even funny. 
    Terse posts that merely chastise another without explanation certainly is not amusing either.

    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.
    muthuk_vanalingamfred1razorpitwatto_cobra
  • Reply 19 of 38
    fred1fred1 Posts: 747member
    Rayz2016 said:
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    Do workers have to be paid for the time it takes them to walk from the front door of their very large corporate HQ building to their office desk? I wouldn’t think so. And if the bag check occurs at the main entrance, then that I suspect that that wouldn’t be payable time either. But I am neither a lawyer nor American. 
    No, in this case that would be like asking if the employees should be paid from the time they get out of their cars in the parking lot or from the time that they leave their homes. An Apple Store employee’s day ends when he or she leaves the store. An office employee’s day begins when he or she arrives at his or her desk. 
    ronnelijahg
  • Reply 20 of 38
    fred1 said:
    Rayz2016 said:
    Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying. 
    Do workers have to be paid for the time it takes them to walk from the front door of their very large corporate HQ building to their office desk? I wouldn’t think so. And if the bag check occurs at the main entrance, then that I suspect that that wouldn’t be payable time either. But I am neither a lawyer nor American. 
    No, in this case that would be like asking if the employees should be paid from the time they get out of their cars in the parking lot or from the time that they leave their homes. An Apple Store employee’s day ends when he or she leaves the store. An office employee’s day begins when he or she arrives at his or her desk. 
    I admit I didn’t realize that the lawsuit was for only departing employees, but two experienced posters answered my question totally oppositely and I would much enjoy seeing the two of you hash out your difference of opinion. 
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