Tuesday, June 3, 2014

Apple store workers' lawsuit over bag and gadget searches can go to trial ...


A federal judge refused to dismiss lawsuits brought by Apple store employees who are seeking wages for the time they spent waiting for managers to perform anti-theft checks of their bags and Apple devices.


In a Friday ruling that offers a rare window into the secretive company's H.R. practices, U.S. District Judge William Alsup rejected Apple's request to throw out the lawsuit and said a trial would be helpful to learn more about the nature of the employee searches.


The ruling comes in response to a series of class actions lawsuits filed last year in which Apple retail employees complained they were not paid for the 10-15 minutes they spent in the security procedures, including waiting in line, whenever they clocked out for lunch or at the end of a shift.


The ruling reveals that Apple managers described the searches as 'Daily Downloads' of the staff, and that two types of searches take place at approximately 250 Apple stores in 44 states: 1) bag searches; 2) 'personal technology checks' in which managers compare the serial numbers of employees' Apple devices to a recorded list.


Apple, which did not immediately reply to a request for comment, has claimed in court filings that its store employees should not be paid for the searches because they are optional. The company says that its approximately 26,000 retail staff are not required to bring bags to work, and that they can avoid the technology checks if they don't use iPhones or other Apple devices.


Judge Alsup, however, writes that avoiding the searches is not as simple as all that:


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