One of the leading and most known company Apple is ready to do new projects in the coming year. But according to the news employees have been asking for payment and have filed cases against Apple corporation. More Details below!
According to the confirmed source, the US Court of Appeals for the Ninth Circuit decided this Thursday that the time Apple employees spend waiting to investigate when they leave Apple retail stores represents “working hours” for the purposes of California’s minimum wage law.
Furthermore, this case has a previous history. Back in 2013 five Apple employees working in Apple retail stores filed a lawsuit and requested collective action. The complaint alleged that Apple’s security policy required individuals carrying bags – including purses, backpacks, and briefcases – to exit the store, to inspect the bag before going out.
While few employees felt disrupt and found it bothersome as it took more than five and 20 minutes depending on if there was a streak and if the manager was available to conduct the search.
Now coming back to this case as in California, a state agency, the Industrial Welfare Commission sets “minimum wages, maximum hours of work or work, and standard conditions of work.” That authority issued a general wage order that employees must be paid for “working hours.” Working hours are in turn defined as “the time during which the employer is under the control of the employer, and includes all the time in which the employee suffers or is permitted to work, whether or not this is required.”
That court accepted the testimony, and after hearing the matter decided that the research time was indeed “working hours” in California. Crucial to the court’s decision was its perception that inspections were at workplaces, which were compelled by the employer and imposed primarily in favor of Apple “by working to detect and deter theft.” Apple argued that it could have simply prevented employees from bringing bags, and so the search policy was in fact a place of residence for employees.
The court disagreed. “In the circumstances of this issue and the realities of ordinary life in the twenty-first century, we find Apple’s claims that it is unlikely and unacceptable that its bag search policy can be justified as providing a benefit to its employees. The case will now return to the court of the first instance for further proceedings. Let us know your thoughts on it? Comment below!