California Court Rules on Apple Employee Bag Check Policy

The California Supreme Court rules that Apple must pay store workers during bag searches

Apple store workers should be paid for time waiting to be searched, court rules

Apple must pay its retail store employees for the time they spend waiting for mandatory bag searches at the end of their shifts, the California Supreme Court ruled Thursday.

The California Supreme Court ruling noted the "irony and inconsistency of Apple's argument" concerning iPhones. In January, Apple reported record quarterly revenue of nearly $92 billion and a profit of $22.3 billion.

The 9th U.S. Circuit Court of Appeals sent the appeal to the state's high court to decide if the Apple workers could still prevail under California's stricter worker protection laws.

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"Since Apple requires its employees to wear Apple-branded clothing while they work, but instructs them to take off or cover that clothing while outside the Apple store, it is reasonable to assume that some employees will wear their work uniform or a change of clothes in a bag to comply with Apple's mandatory dress code policy, "he wrote". However, a group of Apple employees may have won a victory for their own time in the district courts. Employees were allegedly forced to clock out before being searched to ensure that they had not stolen merchandise or trade secrets.

The Supreme Court determined that time spent during bag or security checks was time subject to the employer's control because: (1) Apple made employees find and flag down a security guard to conduct the search and confined employees to the premises during the search; and (2) although the bag search was not "required" because employees could choose not bring a bag, the search was required as a practical matter because employees routinely bring personal belongings to work including their iPhones. "Thus, in line with the "hours labored" management clause, plaintiffs 'should be paid'".

The procedure can draw from 5 to 20 mins to finish, and also approximately 45 mins on the busiest days, according to court files. Apple did not respond to an email from The Verge seeking comment.

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The enterprise mentioned that it's nonetheless liberal, as a result of employees members have the choice of not bringing luggage or varied different luggage to operate.

"Apple's private comfort argument rings particularly hole with regard to non-public Apple know-how gadgets, corresponding to an iPhone", she dded.

The National Retail Federation argued in opposing the lawsuit that "making one's bag available for a bag check is now a routine matter". It claimed it could actually merely disallow employees members from bringing any kind of particular person properties proper into the store, together with their particular person digital devices.

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California now needs payment for the time staff members invest undertaking necessary safety and security checks. That, consequently, increases customer prices.

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