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Apple to face labor related class-action suit after court denies motion to dismiss

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A three-judge panel in California's Superior Court recently denied Apple's appeal to throw out a class-action lawsuit lodged by current and former employees who claim the company's treatment of workers violate state labor codes.

According to court documents obtained by PC Mag, Apple's motion to dismiss a class-action suit involving more than 20,000 employees claiming California Labor Code violations has been denied.

"The petition for writ of mandate, informal response, and reply have been read and considered by Justices Nares, McDonald, and O'Rourke. The petition is denied," said an order from the Superior Court of Appeal in San Diego dated Nov. 26.

The lawsuit was initially brought to court in 2011 by former Apple Store employee Brandon Felczer, who alleges he was not granted appropriate break time, meal time and timely paychecks. Also named as plaintiffs on the original complaint are Ryan Goldman, Ramsey Hawkins and Joseph Lane Carc. In July, Apple Store and corporate Apple employees were certified class status, opening eligibility to thousands of workers.

At the time, plaintiffs' counsel Tyler Belong said, "In other words, as of yesterday's ruling, Apple now faces claims of meal period, rest period and final pay violations affecting approximately 20,000 current and former Apple employees."

An ex parte hearing is set for Dec. 9, while the case docket currently shows a civil hearing scheduled for April 2015. The class has not yet put a number on remedial monetary demands, though attorneys are seeking damages and restitution of all monies due to plaintiffs from unlawful business practices as pursuant to ten California Labor Code sections.



31 Comments

fruitstandninja 11 Years · 104 comments

This honestly sounds like garbage from butt hurt former employees.

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john12345 11 Years · 152 comments

I want to sue Apple. I dropped my iPad yesterday and it hit my toe.

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droidftw 11 Years · 1009 comments

I witnessed a similar lawsuit at a former employer of mine.  The company was rightfully slapped on the hand with a hefty fine, but once distributed among those who chose to join (and of course lawyer fees), those employees received a pittance of a monetary award.  In turn the company tightened the rules to be much more strict after the fact.  Everyone suffered in the end and most weren't happy with how everything turned out.  The workers are damned if they do, damned if they don't.  If they don't like the break time and lunch time rules, they should just leave.  Nothing good will come of this lawsuit.  Apple will definitely have the last laugh.

radarthekat 12 Years · 3904 comments

Quote:
Originally Posted by DroidFTW 
 

I witnessed a similar lawsuit at a former employer of mine.  The company was rightfully slapped on the hand with a hefty fine, but once distributed among those who chose to join (and of course lawyer fees), those employees received a pittance of a monetary award.  In turn the company tightened the rules to be much more strict after the fact.  Everyone suffered in the end and most weren't happy with how everything turned out.  The workers are damned if they do, damned if they don't.  If they don't like the break time and lunch time rules, they should just leave.  Nothing good will come of this lawsuit.  Apple will definitely have the last laugh.


I guess those employees wish they had gone to pick lettuce in the central valley rather than taking a job with such a harsh employer.  We've become a society of lazy takers.

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larrya 13 Years · 608 comments

What if the employer was actually the lazy taker?