advertisement
Forums

The Forum is sponsored by 
 

AAPL stock: Click Here

You are currently viewing the Tips and Deals forum
Apple liable for millions...
Posted by: RAMd®d
Date: February 14, 2020 01:59AM
Apple liable for millions in unpaid wages after court rules retail worker bags checks illegal

The California Supreme Court in a decision delivered on Thursday found Apple broke state law by not paying retail workers for the time they spent participating in mandatory bag and device searches, leaving the company liable for millions in unpaid wages.

In a unanimous ruling (PDF link), the court holds employees were and are in Apple's control during mandatory exit searches of bags, packages, devices and other items. As such, Apple is required to compensate its employees for time spent on the anti-theft program, which in this case allegedly amounted to up to 20 minutes worth hundreds or thousands of dollars a year.

Chief Justice Tani Cantil-Sakauye notes courts should consider a number of factors when evaluating employer-controlled conduct, including location, degree of employer control, benefit to employees and disciplinary consequences. Applying the logic to the current case, "it is clear that plaintiffs are subject to Apple's control while awaiting, and during, Apple's exit searches. Apple's exit searches are required as a practical matter, occur at the workplace, involve a significant degree of control, are imposed primarily for Apple's benefit, and are enforced through threat of discipline," Cantil-Sakauye writes.


more at [forums.appleinsider.com]

As an association/union man, I applaud CASC for its unanimous decision and hope any state that hasn't done the same if need be, does so.

Apple has been accused of many unethical practices and though I tend to support its actions, this is an obvious wrong. It was a cheezy way to shore up the bottom line. At some point, Apple should have pulled the plug and settled, by paying back wages owed, to the penny.

I understand the searches and might even tolerate a two minuted delay, but that short delay would be for the first person in the queue. It's a necessary evil that insults the dignity of the honest worker, and injuries their time.

Once I punch out, my time is mine. I may chose to donate some, but that's my choice.




When a good man is hurt,
all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

There is no safety for honest men except
by believing all possible evil of evil men.

We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive

Perfection is the enemy of progress. -Winston Churchill

-An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

Mister, that's a ten-gallon hat on a twenty-gallon head.

I *love* SIGs. It's Glocks I hate.




Edited 1 time(s). Last edit at 02/14/2020 02:01AM by RAMd®d.
Options:  Reply • Quote
Re: Apple liable for millions...
Posted by: rgG
Date: February 14, 2020 09:21AM
Why not just have the time clock on the other side of the queue?





Roswell, GA (Atlanta suburb)
Options:  Reply • Quote
Re: Apple liable for millions...
Posted by: Bill in NC
Date: February 14, 2020 09:37AM
What about Amazon?

I thought they won their case...not having to pay for searching workers leaving after a warehouse shift.
Options:  Reply • Quote
Re: Apple liable for millions...
Posted by: pdq
Date: February 14, 2020 10:10AM
Millions?

That’s like me being liable for pennies...
Options:  Reply • Quote
Re: Apple liable for millions...
Posted by: C(-)ris
Date: February 14, 2020 12:19PM
Quote
RAMd®d
Apple liable for millions in unpaid wages after court rules retail worker bags checks illegal

The California Supreme Court in a decision delivered on Thursday found Apple broke state law by not paying retail workers for the time they spent participating in mandatory bag and device searches, leaving the company liable for millions in unpaid wages.

In a unanimous ruling (PDF link), the court holds employees were and are in Apple's control during mandatory exit searches of bags, packages, devices and other items. As such, Apple is required to compensate its employees for time spent on the anti-theft program, which in this case allegedly amounted to up to 20 minutes worth hundreds or thousands of dollars a year.

Chief Justice Tani Cantil-Sakauye notes courts should consider a number of factors when evaluating employer-controlled conduct, including location, degree of employer control, benefit to employees and disciplinary consequences. Applying the logic to the current case, "it is clear that plaintiffs are subject to Apple's control while awaiting, and during, Apple's exit searches. Apple's exit searches are required as a practical matter, occur at the workplace, involve a significant degree of control, are imposed primarily for Apple's benefit, and are enforced through threat of discipline," Cantil-Sakauye writes.


more at [forums.appleinsider.com]

As an association/union man, I applaud CASC for its unanimous decision and hope any state that hasn't done the same if need be, does so.

Apple has been accused of many unethical practices and though I tend to support its actions, this is an obvious wrong. It was a cheezy way to shore up the bottom line. At some point, Apple should have pulled the plug and settled, by paying back wages owed, to the penny.

I understand the searches and might even tolerate a two minuted delay, but that short delay would be for the first person in the queue. It's a necessary evil that insults the dignity of the honest worker, and injuries their time.

Once I punch out, my time is mine. I may chose to donate some, but that's my choice.

Odd that this is still happening. Best Buy was sued for this exact same thing 10 or 15 years ago. They lost as well.



C(-)ris
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Throwback Thursday Signature:
Options:  Reply • Quote
Re: Apple liable for millions...
Posted by: RAMd®d
Date: February 14, 2020 12:49PM
Why not just have the time clock on the other side of the queue?


Exactly.

And as the 'check-out' delayed some employees' exits by up to 20min., stagger end of shift times.


What about Amazon?

I thought they won their case...not having to pay for searching workers leaving after a warehouse shift.



Did they win it in the CASC?


If so, it may have been a different situation.



Millions?

That’s like me being liable for pennies...



Then you have a lot more money than most people working for Apple retail.

And it's wholly irrelevant, except to the people owed.

Apple so Apple has to pay what it owed, and the fact that it's millions to its own employees is shameful.

So the courts have precedent in CA at the highest level. Can and will Apple take it higher?

However Apple moves forward, there's now new case law to guide them.




When a good man is hurt,
all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

There is no safety for honest men except
by believing all possible evil of evil men.

We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive

Perfection is the enemy of progress. -Winston Churchill

-An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

Mister, that's a ten-gallon hat on a twenty-gallon head.

I *love* SIGs. It's Glocks I hate.
Options:  Reply • Quote
Re: Apple liable for millions...
Posted by: Racer X
Date: February 15, 2020 03:06AM
In a related note, Microsoft stores don't search their employees, as there is nothing worth stealing.

The pile of unsold Zunes and Windows phones are actually growing.
Options:  Reply • Quote
Sorry, only registered users may post in this forum.

Click here to login

Online Users

Guests: 124
Record Number of Users: 186 on February 20, 2020
Record Number of Guests: 2330 on October 25, 2018