Update: Apple Employee Class Action Defeated

In an update to my prior post, Apple employees have lost their class action case against Apple for unpaid wages related to bag checks. The Judge agreed with Apple’s argument that employees could simply choose to leave bags at home to avoid the bag check procedure. The Judge also rejected the employees’ argument that the time waiting for bags to be checked was compensable because the time was solely for the employer’s benefit. Analogizing it to time spent commuting to work, the Judge held that the passive time spent waiting was not “work” time for which wages would be due.

The case is Frlekin et al. v. Apple Inc., case number 3:13-cv-03451, in the U.S. District Court for the Northern District of California.

For advice regarding employee policies and procedures, contact Ford & Diulio PC at 714-384-5540 or email Jessica Diulio at jdiulio@forddiulio.com.