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The Courts Apple

Apple Loses In Court, Owes $2 Million For Not Giving Workers Meal Breaks (cnn.com) 255

An anonymous reader writes: Apple has been ordered to cut a $2 million check for denying some of its retail workers meal breaks. The lawsuit was first filed in 2011 by four Apple employees in San Diego. They alleged that the company failed to give them meal and rest breaks [as required by California law], and didn't pay them in a timely manner, among other complaints. In 2013, the case became a class action lawsuit that included California employees who had worked at Apple between 2007 and 2012, approximately 21,000 people...

The complaint says Apple's culture of secrecy keeps employees from talking about the company's poor working conditions. "If [employees] so much as discuss the various labor policies, they run the risk of being fired, sued or disciplined."

Apple changed their break policy in 2012, according to CNN, which reports that the second half of the case should conclude later this week. The employees that had been affected by Apple's original break policy could get as much as $95 each from Friday's settlement, according to CNN, "but it's likely some of the money will go toward attorney fees."
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Apple Loses In Court, Owes $2 Million For Not Giving Workers Meal Breaks

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  • by NoNonAlphaCharsHere ( 2201864 ) on Sunday December 18, 2016 @12:44PM (#53508439)
    Let's see: with their market cap at about 620 BILLION dollars, 2 million is: a pinch of shit. They lose more than that annually in stolen office supplies.
    • Let's see: with their market cap at about 620 BILLION dollars, 2 million is: a pinch of shit.

      True. 2 million out of 620 billion doesn't even amount a rounding error. Even 100 million would barely be noticeable.

  • Could be worse... (Score:5, Interesting)

    by __aaclcg7560 ( 824291 ) on Sunday December 18, 2016 @12:56PM (#53508521)
    I recently got a class action settlement from Wal-Mart for $3.66. I would have bought a gift card from the online website to use it elsewhere. Alas, Wal-Mart won't let use that balance for a gift card. Now I have buy something else that I don't need or want from Wal-Mart.
    • by LynnwoodRooster ( 966895 ) on Sunday December 18, 2016 @01:15PM (#53508643) Journal
      C'mon, you can ALWAYS use a roll of duct tape! [walmart.com] Remember, duct tape is like the Force. It has a light side, a dark side, and it binds the universe together.
      • Remember, duct tape is like the Force. It has a light side, a dark side, and it binds the universe together.

        And a $5.95 shipping charge for a "free" item.

        • Nah, run down to your local Walmart and pick it up. Sometimes you get to see some amazing things... Better than half the movies that Hollywood puts out at least!
          • Nah, run down to your local Walmart and pick it up.

            None of the local Wal-Marts are in running distance from where I live.

            Sometimes you get to see some amazing things...

            White trailer trash? I don't need to see my distant relatives that badly.

  • by Solandri ( 704621 ) on Sunday December 18, 2016 @01:09PM (#53508607)
    Contrary to some of the comments, this is one of those labor laws that I think make a lot of sense (I'm an employer). The exact verbiage is a bit complex [calchamber.com], but it basically boils down to:
    • Unpaid 30 min meal break if you work more than 5 hours in a day. Second 30 min meal break at 10 hours.
    • Paid 10 min breaks every 4 hours worked. So two such breaks in a 8 hour workday. Employees can combine this with the meal break for one long lunch break.

    There are some miscellaneous aspects of it covering consecutive hours worked to make allowances for split shifts, but that's the jist of it.

    A lot of people seem to think employers are out to squeeze every drop of life they can from their employees at the lowest wage possible. That might be true for some big companies or awful employers, but the vast majority of us (mostly small businesses) care about our employees. Having small details like break times laid down in law makes our lives easier too, since we don't have to stumble around in a legal grey area guessing what's acceptable and what's not. (That's the situation with illegal immigrants as workers. We're not supposed to hire illegal immigrants, but the government doesn't give us any tools to determine if someone is an illegal immigrant so that we can not-hire them. According to my lawyer, having acceptable copies of government-issued ID [wikipedia.org] on file is enough. Except sometimes we get IDs which are fake, or worse, which might or might not be fake. You can get in trouble for hiring someone whose ID is obviously fake, and you can get in trouble for not-hiring someone whose ID is real. Which leaves you in a pickle when faced with an applicant whose ID looks like could be fake but you're not really sure.)

    • by Tailhook ( 98486 )

      I-9 is the one requirement that liberal small business people love to bitch about. Among the several forms and many regulations they have to cope with this is the one, singular requirement where they have no difficulty imagining a parade of regulatory horribles. It's a pencil whipping operation; actually prosecuting an employer that isn't blatantly violating immigration law is next to impossible since "knowingly" is the standard, but they still whine and moan. Even when their lawyers tell them how little

    • In Oregon we do it: 30 minutes unpaid, or 20 minutes paid. And in retail they can require you to take your break while you work, if you're allowed to eat on the job. If you're not allowed to whip out a burrito and munch down, then you have to get a real break without duties. Other industries have similar rules, if it is considered to be the standard practice in that industry.

  • The employees that had been affected by Apple's original break policy could get as much as $20 each from Friday's settlement, according to reality, "but it's likely most of the money will go toward attorney fees."

    FTFY

    • by Uberbah ( 647458 )

      The employees that had been affected by Apple's original break policy could get as much as $20 each from Friday's settlement, according to reality, "but it's likely most of the money will go toward attorney fees."

      FTFY

      So? People are always free to hire their own lawyers, at their own risk and on their own dime, to file their own lawsuit. As opposed to having to do nothing whatsoever to gain some compensation from the company that wronged you, while punishing the guilty party.

      The alternatives are:

      1) Consum

  • How much!?!? (Score:5, Insightful)

    by Afty0r ( 263037 ) on Sunday December 18, 2016 @01:14PM (#53508635) Homepage

    The employees ... could get as much as $95 each

    How on earth can it be so little? Let's say you worked there 5 days a week for one year, and you were denied a 30 minute lunch break on every shift. That would be around 130 hours of your time... or $1300 per employee per year... how does that become $95? If the practices were in place for 5 years, that could be $7500 for a full time worker who was there the whole time.

    • by Afty0r ( 263037 )
      Ooops $6500
    • by Kohath ( 38547 )

      Because it's more like "shit happened and I missed my lunch break 3 times in 2016".

    • Is the lunch break required to be a paid break?

      • Re:How much!?!? (Score:4, Informative)

        by laurencetux ( 841046 ) on Sunday December 18, 2016 @01:44PM (#53508823)

        the way it works on a mandated meal break is it is not paid

        BUT you are required by law to not work during same

        another fun factiod if you are required to be there and waiting for work YOU MUST BE PAID so if the power goes out and or the computers crash you must be paid until you are formally told to go home (so if it takes 3 hours for the manager to call a shutdown you get paid for that time)

        • the computers crash you must be paid until you are formally told to go home (so if it takes 3 hours for the manager to call a shutdown you get paid for that time)

          In a past life when I supported software at distribution centers I'd sometimes get a call with some guy screaming at me that he's got a warehouse full of union workers sitting around being paid to do nothing because the system was down.

          I had one guy tell me to call him every 10 minutes with a status update. This was in the days of pagers and dial-up modems. I just rolled my eyes and told him I would. How was I going to diagnose and fix his problem if I'm calling him every 10 minutes? Fortunately for me

          • The difference in his tone of voice between the first time I called him and the 2nd time when I told him it was fixed was quite remarkable.

            When I was working IT help desk at a Fortune 500 company, a woman screamed in my ear for ten minutes about how no one could fix her problem with the IE6 intranet sites being broken every month. I quietly remoted into her workstation, rolled back the monthly auto-update for Adobe Flash, and told her that it was fixed after she stopped screaming. She was so astonished that she no longer had a problem that she called everyone in management to praise me.

    • How on earth can it be so little? Let's say you worked there 5 days a week for one year, and you were denied a 30 minute lunch break on every shift. That would be around 130 hours of your time... or $1300 per employee per year... how does that become $95?

      Because the lawyers decided that it wasn't worth their time to negotiate for more. The injured parties (the employees) did not factor into the decision.

    • Any affected party can separate from the class action and sue separately, if they feel it is unfair.

      But really, lots of employees worked without breaks for years, and didn't take it to someone to enforce. They were part of the problem. They worried about losing their jobs, and didn't take action, letting it happen to themselves and others.

      Is it fair to give everyone who was an accomplice, their actual dollar amount as calculated? The only real victim is the representative who participated on behalf of the c

      • by dirk ( 87083 )

        Except any employer with hourly employees tracks their time. To be able to pay these employees, they have to know when they started and stopped work. So Apple should be able to look at those logs and see who worked 8 hours without a lunch break. Simply force them to turn over the logs and then the court can work it out.

    • Lunch breaks are unpaid. This is a fine for not giving employees an unpaid lunch break as mandated by law. Not compensation for failure to pay them for time worked.
      • by Imrik ( 148191 )

        I would be surprised if they didn't have the time officially listed as an unpaid break. If that is the case, they should also get paid for the time they worked.

    • by Osgeld ( 1900440 )

      it has nothing to do with the employees, it has everything to do with the used car salesman / part time lawyer that talked them into such a pointless thing as a class action lawsuit

  • by JustAnotherOldGuy ( 4145623 ) on Sunday December 18, 2016 @01:20PM (#53508667) Journal

    The nerve of those workers wanting to eat meals!

    What will they demand next, bathroom breaks? Clean air? Properly grounded equipment?

    Please, Mein Fuhrer Trump, put an end to this anti-capitialist craziness!

    • What will they demand next, bathroom breaks?

      I don't know how true this is, but that has been alleged:

      No relief for poultry workers [oxfamamerica.org]

      Oxfam interviewed dozens of Tyson workers across six states, almost all of whom reported being denied bathroom breaks outright or having to wait an unreasonably long time to use the bathroom—up to an hour or more. Hanson, a worker at a Tyson plant in Arkansas, had the uncomfortable experience of seeing his own mother urinate on the line; she now wears diapers to work to avoid it happening again. Tyson workers also report being fined if they are late returning from the bathroom. Jean, a worker from a Tyson Foods plant in Virginia, says, “You go to the bathroom one minute late, they have you disciplined. The supervisor will have you sign a discipline paper I don’t drink any water so I won’t have to go.”

      • "You go to the bathroom one minute late, they have you disciplined. The supervisor will have you sign a discipline paper I don't drink any water so I won't have to go."

        It's a testament to these worker's self-control that the supervisors don't mysteriously disappear never to be seen again, get knifed in the plant with no witnesses to the crime, or end up falling into the processing vats "by accident". A few such incidents would probably make a world of difference in the working conditions.

        I am, of course, in no way advocating for such things, just making an observation.

  • So what. Do you really think Apple cares about a measly $2 million fine? That's not even a slap on the wrist to them. They may be more careful about compliance since the next fine would be bigger, but they could simply shrug this off as part of the cost of doing business - a very minor part.
  • ...are filing a suit because they were offered meals made only with apples!!!
  • For what they done? Skinny get's some ponies, and that's it?
    That ain't fair, Little Bill. That ain't fair!

    -Alice, Unforgiven

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