Mike Peterson
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.
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.
Wesley Hilliard
Malcolm Owen
Andrew Orr
William Gallagher
Sponsored Content
Christine McKee
Thomas Sibilly
38 Comments
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.
Sorry, Apple, but if the bag check is compulsory then you have to pay the workers for complying.
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.
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.