Apple to Face Class Action Lawsuit Over Off-the-Clock Employee Bag Checking

Apple will face a class action lawsuit brought against it by retail employees in California who were subjected to ongoing bag checks that often caused them to remain at work for 10 to 15 minutes after their shifts had ended, reports Reuters.

Employees allege Apple subjected them to mandatory bag checks that were "embarrassing and demeaning," and were conducted off the clock, leaving them uncompensated for their time. The group is seeking damages for unpaid wages, unpaid overtime, and other recompense.

apple_store_genius_bar_official
The lawsuit was first filed in 2013 and after some legal hurdles that included a 2014 dismissal, it was granted class action status today by U.S. District Judge William Alsup in San Francisco. Class members participating in the lawsuit include more than 12,000 of Apple's current and former employees in the state of California.

Amanda Friekin and Dean Pelle, the plaintiffs who filed the lawsuit, claim Apple's bag checks were mandatory each time a sales rep left the store and were put in place to discourage theft. Several employees subjected to these bag searches emailed Tim Cook in 2012, writing that managers were "required to treat 'valued' employees as criminals" and that the searches were often performed "in front of gawking customers."

Over the course of the past two years, Apple has argued that the case should not get class action status because not all managers conducted bag searches and that the bag searches that did happen took so little time that compensation was not necessary. Now that it has received class action status, the lawsuit will go to trial.

Popular Stories

iPhone SE 4 Thumb 1

iPhone SE 4 With Apple's Own 5G Modem 'Confirmed' to Launch in March

Tuesday November 19, 2024 12:12 pm PST by
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
airtag purple

AirTag 2 Rumored to Launch Next Year With These New Features

Sunday November 17, 2024 5:18 am PST by
Apple released the AirTag in April 2021, so it is now three over and a half years old. While the AirTag has not received any hardware updates since then, a new version of the item tracking accessory is rumored to be in development. Below, we recap rumors about a second-generation AirTag. Timing Apple is aiming to release a new AirTag in mid-2025, according to Bloomberg's Mark Gurman....
at t turbo indicator iphone 16 pro max v0 8hrh7w5f3w1e1

AT&T Turbo Indicator Showing Up in iPhone Status Bar for Subscribers

Wednesday November 20, 2024 3:42 am PST by
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence. Image credit: Reddit user No_Highlight7476 The Turbo feature provides enhanced network performance through ...
Generic iOS 18 Feature Real Mock

Apple Releases iOS 18.1.1 and iPadOS 18.1.1 With Security Fixes

Tuesday November 19, 2024 10:10 am PST by
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
Magic Mouse Next to Keyboard

No, Apple CEO Tim Cook Didn't Say He Prefers Logitech's MX Master 3 Over the Magic Mouse

Sunday November 17, 2024 3:03 pm PST by
While the Logitech MX Master 3 is a terrific mouse for the Mac, reports claiming that Apple CEO Tim Cook prefers that mouse over the Magic Mouse are false. The Wall Street Journal last month published an interview with Cook, in which he said he uses every Apple product every day. Soon after, The Verge's Wes Davis attempted to replicate using every Apple product in a single day. During that...
iPhone 17 Slim Feature Single Camera 1 Redux

'iPhone 17 Air' Rumored to Surpass iPhone 6 as Thinnest iPhone Ever

Monday November 18, 2024 1:07 pm PST by
In a research note with Hong Kong-based investment bank Haitong today, obtained by MacRumors, Apple analyst Jeff Pu said he agrees with a recent rumor claiming that the so-called "iPhone 17 Air" will be around 6mm thick. "We agreed with the recent chatter of an 6mm thickness ultra-slim design of the iPhone 17 Slim model," he wrote. If that measurement proves to be accurate, there would be ...
bug security vulnerability issue fix larry

Make Sure to Update: iOS 18.1.1 and macOS Sequoia 15.1.1 Fix Actively Exploited Vulnerabilities

Tuesday November 19, 2024 10:52 am PST by
The iOS 18.1.1, iPadOS 18.1.1, and macOS Sequoia 15.1.1 updates that Apple released today address JavaScriptCore and WebKit vulnerabilities that Apple says have been actively exploited on some devices. With the JavaScriptCore vulnerability, processing maliciously crafted web content could lead to arbitrary code execution. The WebKit vulnerability had the same issue with maliciously crafted...
apple card feature2

Apple Card 3% Daily Cash Back Now Available From Two More Apple Partners

Tuesday November 19, 2024 10:36 am PST by
Apple has partnered with select merchants to offer Apple Card users three percent Daily Cash back on their purchases, and two new companies were added to the partner list today. When purchasing goods and services from Booking.com and ChargePoint, Apple Card users will now get more cash back. Booking.com is a site for reserving flights, cars, cruises, and hotels, while ChargePoint sells...

Top Rated Comments

larrylaffer Avatar
122 months ago
"the bag searches that did happen took so little time that compensation was not necessary"

That might be one of the worst legal arguments I've ever read. I hope Apple loses this case, this policy stops, and these hard working people get properly compensated.
Score: 51 Votes (Like | Disagree)
superberg Avatar
122 months ago
As someone who worked in retail for over a decade, bag checks are indeed common.

However, bad management can lead to waiting an extended period of time before being checked. If the employee is off the clock and it eats into their break or commute, this is an issue that needs to be addressed. My opinion is that if it doesn't happen within a couple minutes of clocking out, it's a problem. Once someone clocks out, they're not on your time anymore, and that needs to be acted upon with respect. Managers will look for any excuse to deny employees raises or continued employment, including being a minute or two late or leaving a minute or two after their shift is over. Hourly employees have every right to demand that their off-clock time not be wasted, particularly since breaks are often scheduled and inflexible. If an employee has a half hour for lunch and they lose five minutes, that may actually cause them to have to change lunch plans, rush unnecessarily, or skip eating entirely. If an employee leaves at a certain time so they can go to a second job or work, then their manager's delay can negatively affect their performance elsewhere.

Additionally, bag checks in front of customers should be avoided whenever possible. It can be demeaning and invasive. This is not a matter where one person gets to decide for the rest of the world what is an isn't embarrassing. People have different thresholds for that sort of thing.

It's possible this issue is isolated to certain stores/regions, too. I had managers that never bothered with bag checks and managers that lived and died by them. I never performed them myself when I was a manager.
Score: 14 Votes (Like | Disagree)
AngerDanger Avatar
122 months ago
I dread to think that Apple employees would use bags to store their loot when they could Win an AyeGear Jacket That Holds All Your Tech Gadgets ('https://www.macrumors.com/2015/05/08/macrumors-giveaway-ayegear-jacket/') instead!

Score: 12 Votes (Like | Disagree)
LewisChapman Avatar
122 months ago
Clearly the managers that are conducting said bag checks in front of customers are the issue here.

A simple opening of the top of the bag whilst a manager glances (in the back of the store) does not take up more than 10 seconds of time. The employees who take this personally should be explained to why it needs to be done and if they do not feel comfortable with it they should look elsewhere for employment.

This is common in retail and I would be surprised if this case holds up. Good luck against the Apple lawyers.
Score: 11 Votes (Like | Disagree)
H2SO4 Avatar
122 months ago
Clearly the managers that are conducting said bag checks in front of customers are the issue here.

A simple opening of the top of the bag whilst a manager glances (in the back of the store) does not take up more than 10 seconds of time. The employees who take this personally should be explained to why it needs to be done and if they do not feel comfortable with it they should look elsewhere for employment.

This is common in retail and I would be surprised if this case holds up. Good luck against the Apple lawyers.
Haven’t got a problem with that at all. It should happen on the company clock if it takes so little as to be unnoticeable. they won’t have a problem with it then will they?
Score: 9 Votes (Like | Disagree)
AppleDroid Avatar
122 months ago
Having worked in retail for years most theft is from employees so checking them really shouldn't be an issue but doing it off the clock is. If there's a mandatory 15-20 min pat down of everyone at the end of the day/shift they should be compensated for that time.
Score: 9 Votes (Like | Disagree)