California Court says Apple Store employees must be paid for the time they are waiting to be searched
The California Supreme Court says state law requires Apple to pay store employees for the time they wait for bags to be searched at the end of a service, the Los Angeles Times reports.
“We conclude that the time that plaintiffs spend on the Apple site is awaiting and undergoing mandatory exit searches for bags, packages or personal Apple technology devices, such as iPhones, that are voluntarily brought to work for personal convenience, too. compensation is like “hours worked,” “Chief Justice Tani Cantil-Sakauye wrote in the court’s decision.
Apple policy requires store employees to search their personal bags after checking out but before leaving the store. The policy requires that the manager conducting the search “asks the employee to remove any type of item that Apple sells” and verifies an employee’s “personal technology” serial numbers. Employees said they could wait nearly 45 minutes on busy days until a manager or security officer was available to perform the search, according to the business rule. Apple has 52 stores in California.
Apple argued that store employees could choose not to bring bags or personal Apple devices – which it characterized as “optional” – to work and avoid searching. The company argued that this policy benefited the employees being searched, which, according to the court, was “far-fetched”.
“The irony and inconsistency of Apple’s argument must be noted. The characterization of the iPhone as unnecessary for its own employees is at odds with the description of the iPhone as an “integrated and integral” part of everyone’s life, “the court wrote.
A group of employees filed a class action lawsuit against the company, and the US Ninth Circuit Court of Appeals asked the state Supreme Court to determine whether California state law required employees to be compensated for this waiting time.
The decision of the California Supreme Court is retroactive and the case now returns to the Ninth Circuit for the judges to apply the interpretation, the LA Times explains. Apple did not respond to an email from The edge looking for comments.