A California federal judge on Saturday tossed out a class action lawsuit brought against Apple by employees claiming the company's anti-theft measures, specifically "demeaning" bag checks instituted in 2009, resulted in lost wages.
The decision, brings an end to the long-running case that was granted class status in July, reports Bloomberg.
The class, representing some 12,400 employees at Apple's 52 California Apple Stores, argued time spent complying with an "Employee Package and Bag Searches" security policy amounted to compensable overtime under the Fair Labor Standards Act.
The rule, put in place to deter theft of costly products, called for managers to search an employee's bags and personal devices (like iPhones) after clocking out at the end of the workday and, in some cases, lunch breaks. Plaintiffs claimed that routine wait times during these security checks deprived them of wages amounting to more than $1,400 per year.
In his ruling, U.S. District Judge William Alsop said plaintiffs could have effectively bypassed Apple's searches by not bringing a bag to work. The class pursued compensation based on a scenario in which personal effects were taken to work willfully and for personal convenience, judge Alsop writes. Further, no members asserted special needs scenarios when given the opportunity to do so.
"Thus, our plaintiffs could all freely choose not to bring bags to work, thereby avoiding Apple's restrictions during exit searches. That free choice is fatal to their claims," he said.
Apple workers first sued in 2013, though Judge Alsop dismissed those suits in 2014 citing a Supreme Court decision regarding a similar situation involving Amazon warehouse employees. The judge subsequently allowed a few employees from the original complaint to represent a class under California state law.
235 Comments
Boom. Sure its not convenient, but you shouldn't sue for your choice to bring a bag.
Sorry 99%ers.
Wow! Common sense prevails sometimes I guess.
[quote name="aderutter" url="/t/189997/judge-dismisses-apple-store-employee-bag-check-class-action-lawsuit#post_2802915"]Wow! Common sense prevails sometimes I guess.[/quote] Agreed! Now that they have sued Apple and lost, can Apple fire the ones who are still employed by Apple? Or, is there a law that prevents Apple from doing that's?
We need to understand also that this was not the action of thousands of Apple employees banded together like the picture in this article would have you believe. This lawsuit was filed by a couple of disgruntled employees claiming to represent a class of Apple employees. Class action lawsuits are misunderstood and are often the result of a single individual’s claim. Then this individual seeks to represent a class. There is no vote, no petitions signed, no mass gatherings of Apple employees clamoring for ‘justice.’
I wish AI would point things like this out when reporting on such topics. How many times have you gotten a class action notification in the mail about something you don’t even remember? You were deemed a member of a class without your knowledge or approval.