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Apple store workers should be paid for time waiting to be searched, court rules
Los Angeles Times ^ | 02/13/20 | MAURA DOLAN

Posted on 02/14/2020 5:21:48 AM PST by southern rock

California law requires Apple Inc. to pay its workers for being searched before they leave retail stores, the California Supreme Court decided unanimously Thursday.

A group of Apple workers filed a class-action lawsuit against the tech giant, charging they were required to submit to searches before leaving the stores but were not compensated for the time those searches required. The U.S. 9th Circuit Court of Appeals, where the case is now pending, asked the California Supreme Court to clarify whether state law requires compensation.

(Excerpt) Read more at latimes.com ...


TOPICS: Business/Economy; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: apple; compensation; court; employees
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The California Supreme Court definitely got this one right. Employees are not at work for their health. Amazon had the same issue years ago and the case went to the Supreme Court. Although Amazon won that case they eventually drop the policy due to being exposed.
1 posted on 02/14/2020 5:21:48 AM PST by southern rock
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To: southern rock

Agreed. I’m rather astounded that something this sensible would come out of a California court.

Amazon treats its people like inmates, or so I’ve read.


2 posted on 02/14/2020 5:24:49 AM PST by Nothingburger
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To: Nothingburger

Why work someplace where you have to be searched?


3 posted on 02/14/2020 5:26:56 AM PST by ptsal ( Bust the NVIA)
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To: Nothingburger

There is a great book called “ On the Clock” by Emily Guendelsberger that details Amazon warehouse working conditions.


4 posted on 02/14/2020 5:28:56 AM PST by southern rock
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To: southern rock

For awhile I worked for a company that did on site repair and maintenance on equipment. They assigned work the day before and often techs would be given jobs 100 to 150 miles from the office and the policy was you started your day at the first job. So a tech would drive and hour plus off the clock.

One of the employees took them to the Labor Board and won. They had to pay back wages and the new policy was you started and ended your day at the office.


5 posted on 02/14/2020 5:30:53 AM PST by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: southern rock
It's part of the job requirement....this is really a no-brainer.
6 posted on 02/14/2020 5:34:37 AM PST by ealgeone
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To: ptsal
Why work someplace where you have to be searched?

I can think of several places: retail diamond store, valuable coin collector, etc.

7 posted on 02/14/2020 5:35:49 AM PST by Popman
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To: southern rock
I remember working in a retail place - you couldn't leave until you cashed out your drawer. Well, it took an hour for that to happen and the time was not paid for. You could put overtime on your timecard but it had to be approved by a manager that night and the managers deliberately made themselves scarce.

When I quit they tried to keep the last check and I had to threaten to report them for illegal labor practices. Upon observing my detailed typed report they decided to give me my last check after all. Retail is brutal sometimes.
8 posted on 02/14/2020 5:41:33 AM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: \/\/ayne

“Retail is brutal sometimes.”

Employment is serfdom sometimes.


9 posted on 02/14/2020 5:45:05 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: ptsal

I can understand Apple not wanting to lose product to theft but... This seems more than a little extreme. It shows a tremendous lack of respect and trust in the employees. If you treat people like children, they tend to act like children and see what they can get away with.


10 posted on 02/14/2020 5:48:26 AM PST by ThunderSleeps ( Be ready!)
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To: southern rock

Our kids worked for a local fast food place before they were old enough to drive. One night while waiting in the car, I watched as they carried out several huge trash bags then get in the car. I asked about whether they remembered to clock out as they never went back in. They said it was the rules-you clocked out then brought the trash to the dumpster on your way out. This took about 5 minutes each night-having to carry bags huge bags over to the dumpster and get them up and over.

Even though it wasn’t the biggest thing, it grated on me because I knew the owner and his reputation is far from generous. There are local tradesmen who refuse to work for him because he doesn’t want to pay the full amount once work is done. I didn’t want to cause a problem so I never encouraged them to challenge that, but I assumed that an employee can’t be required to do work after clocking out.


11 posted on 02/14/2020 5:49:19 AM PST by NorthstarMom
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To: ptsal

Is that the new iPhone in your pants or are you just glad to see me?


12 posted on 02/14/2020 5:51:11 AM PST by Alas Babylon! (The prisons do not fill themselves. Get moving, Barr!)
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To: southern rock

It comes down to whether Apple will lose more money by writing off the occasional theft or paying employees for search time.


13 posted on 02/14/2020 5:53:14 AM PST by libh8er
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To: Popman

I used to work for a factory that made Mag Wheels. You can bet your @$$ more than a few got caught throwing those over the fence.


14 posted on 02/14/2020 5:53:44 AM PST by Beagle8U (Did Eric Ciaramella kill Epstein? He didn't kill himself.)
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To: \/\/ayne
About 15 years ago I was cutting meat for a supermarket in the Pittsburgh,PA area. The guys that worked night stocking shelves got caught stealing shopping cart loads of food and were fired. The store tried to keep their last paychecks but were told they could not do that because they worked on the clock and the theft was a different issue.
15 posted on 02/14/2020 6:01:51 AM PST by 4yearlurker ("Professing themselves to be wise,they became fools.."Rom. I : 25)
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To: Beagle8U

My conservative friends you’ve nailed it! There’s an element of evil in too many businessmen. Macy’s in S.F. had people deliver merchandise on their way home-off the clock. If they can get away with it they will. When they get called on it they’ll just stop and find some other way. The need to keep one’s job keeps ones mouth shut. It’s mans inhumanity to man.


16 posted on 02/14/2020 6:01:56 AM PST by DIRTYSECRET (urope. Why do they put up with this.)
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To: ThunderSleeps

It shows a tremendous lack of respect and trust in the employees.

Perhaps but I would do some research into the amount of employee pilferage that goes on. The numbers are staggering and in fact add into the cost we all pay for whatever goods are being stolen. I would separate the issue of searches and pay for the time. Yes, they should be paid for the time as it is a job requirement.

In my early career I worked at a small bank. The policy was “working time” began when you were at your desk ready to go, not when you arrived through the door and headed to the rest room or whatever. Everyone was greeted by the president at the door. I viewed the time requirement as extreme, but I also noted the doors opened exactly on the hour at which time one was to be present to assist. There were no time cards, we were on salary, 37.5 hours per week. Job paid fairly, provided benefits, and the bonuses were nice too. It was before the time were as an employer you in effect adopted employees.


17 posted on 02/14/2020 6:02:09 AM PST by Mouton (The media is the enemy of the people.)
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To: DIRTYSECRET

Republicans don’t address issues like this to our detriment. Lefties benefit by becoming knee jerk drama queens. They’re smarter and we’re stupid. Look at the ‘shift supervisors’ in management who put in 40+hrs/wk. Those are our people and Obama got them overtime pay while we look stupid. They can always quit but can they?


18 posted on 02/14/2020 6:06:41 AM PST by DIRTYSECRET (urope. Why do they put up with this.)
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To: southern rock

Maybe Amazon can start having Amazon Company Stores, Amazon Living Quarters and Amazon Dollars too.


19 posted on 02/14/2020 6:07:53 AM PST by Seruzawa (TANSTAAFL!z)
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To: Nothingburger
Amazon treats its people like inmates, or so I’ve read.

Isn't this article about Apple?

20 posted on 02/14/2020 6:13:56 AM PST by Pearls Before Swine
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