Wednesday, July 31, 2013

Apple retail workers file class action suit over off-the-clock bag searches

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Former New York City and Los Angeles Apple retail store employees have filed a class action suit against the electronics giant, claiming the iDevice maker required them to stand in line for up to 30 minutes every shift so that a manager could search their bags. The lawsuit first became known to the media on Monday.

The lawsuit was filed by two ex-exployees, Amanda Frlekin who worked at Apple’s Century City store in Los Angeles and Dean Pelle who worked at the company's Soho location in New York City. Both were “Specialists” until this spring, and are now seeking a class action suit on behalf of thousands of Apple retail employees across the United States.

In part, the suit says:
Apple has engaged and continues to engage in illegal and improper wage practices that have deprived Apple Hourly Employees throughout the United States of millions of dollars in wages and overtime compensation. These practices include requiring Apple Hourly Employees to wait in line and undergo two off-the-clock security bags searches and clearance checks when they leave for their meal breaks and after they have clocked out at the end of their shifts.

These "personal package and bag searches" are done for the sole benefit of Apple; are a uniform practice and policy in all Apple retail stores nationwide; and are not imposed on Apple's customers. This illegal practice and policy has been known to the Defendant for years and Apple continues to require Apple Hourly Employees to endure these required but uncompensated security checks.

For this reason, Plaintiffs bring this action on behalf of themselves and other Apple Hourly Employees to recover unpaid wages, overtime compensation, penalties, interest, injunctive relief, damages and reasonable attorneys' fees and costs.
The suit claims that Apple's practices violate the Fair Labor Standards Act as well as state laws in New York and California.

Remember, these are hourly employees, and the searches are off-the-clock.

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