On Monday, a group of Apple technical staffers filed suit against Apple alleging that the company denied them overtime pay and meal compensation. Both the pay and meal compensation are required by California state law. The suit also claims that many Apple employees are subjected to working conditions that are similar to indentured servitude.The lead plaintiff in the lawsuit, David Walsh, was an Apple network engineer from 1995 to 2007. He stated that he was often required to work more than 40 hours a week, miss meals, and spend evenings and weekends on call without any overtime pay or meal compensation. [Author's personal comment: this is not unusual in the tech industry]
Walsh alleges that Apple deliberately classified Walsh and others as management employees so that they would not receive overtime compensation as required by California law for hourly employees. The class action suit also seeks to include the staffers at Apple Stores as plaintiffs.
Should the plaintiffs win, Apple could be required to revise its compensation practices and pay retroactive compensation to many present and past employees. Apple has not responded to the complaint.
Thanks to Charles for the tip!
Reader Comments (Page 1 of 5)
8-07-2008 @ 2:06PM
gconz said...
Perhaps Apple should relocate out of the People's Republic of Kalifornia to avoid the expenses associated with operating in a worker's paradise.
Reply
8-07-2008 @ 2:57PM
caleb said...
No kidding. Who expects "meal compensation" from their employer?
8-07-2008 @ 5:44PM
required said...
"Both the pay and meal compensation are required by California state law."
8-08-2008 @ 11:50AM
Doug said...
Apple is sitting on $20 billion in cash and can't pay their people? I am sure none of the top execs are suffering. If this was some oil company or walmart, all you fanboys would be howling mad. I love Apple products, but they are a greedy lot. Let's at least be honest about that.
8-11-2008 @ 12:06PM
Rob said...
Dude, I work in California. I have worked in several states, and California is by far the worst state I have ever worked in. This tactic by Apple is the main reason so many companies do business here.
8-07-2008 @ 2:11PM
Jake said...
Let's see. That's pretty much what anyone in any white collar job has done since the 1980's. Especially tech folks.
Boo freakin' hoo.
Reply
8-07-2008 @ 2:16PM
anson said...
Ditto. These guys are in high tech and only want to work 40 hours a week? Dream on.
8-07-2008 @ 2:36PM
Hobbes said...
They better win this as I bet it will be very difficult for any of them to get a good job after this. Specially in the tech area where nobody I know gets overtime, including myself.
8-08-2008 @ 2:01AM
Bryan said...
There's a good chance they'll win the case. The same thing happened to my wife and her co-workers at Disney and they were awarded retro-active pay.
8-07-2008 @ 2:24PM
ars_workerbee said...
As MacUser pointed out a couple days ago...
Indentured servitude?! Like “a vicious circle, in which an indentured servant would become further indebted to their employer, who would forgive the debt in exchange for an extension to the period of their indenture, which could then thereby continue indefinitely”? Walsh was a victim of “violence, abuse, mistreatment and subjugation at the hands of their employers in the homes and fields in which they worked”??
I'm sorry, but if there didn't like it, they could have left whenever they wanted to.
Reply
8-07-2008 @ 2:24PM
Gus Jenkins said...
Newsflash. You didn't have to work there for 12 years.
Reply
8-07-2008 @ 2:28PM
register said...
Gus, I came to post exactly the same thing.
8-07-2008 @ 2:25PM
07 MUSTANG said...
Well that's gonna bring to light a lot of us who do stay late working on call or otherwise .........You cannot be part of a modern business without IT support 24/7 and thus IT professionals should be valued and compensated as such. I for one am very frustrated when IT services are taken for granted. Maybe Apple forgot who it's most valuable assets are.....?
Reply
8-07-2008 @ 2:29PM
Shunnabunich said...
So THAT'S what Apple was saving up all that money for. (Or from.)
Reply
8-07-2008 @ 2:30PM
Rick said...
I never understood lawsuits like this. If you don't like the working conditions at your job....GO WORK FOR SOMEONE ELSE!
Reply
8-07-2008 @ 2:35PM
prr said...
Why do people have to work so freakin' hard? Don't most people get everything done we're actually going to do in the first 6 hours of the day anyway?
Reply
8-07-2008 @ 2:37PM
Sean Flanagan said...
Waaah I work for a living waaah
Reply
8-07-2008 @ 2:39PM
Brian said...
Boo Hoo.
Did you know that while you are boarding an airplane and asking for water and blankets and old ladies are asking me to put their 700 lb bags above their seats, that I am not even on the clock? Nope...not until the door closes. And as soon as the door opens, back off the clock.
Things aren't always fair, but we have choices. YOu dont like the work rules, then go find another job. As for me..I like my 18 days off a month.
Reply
8-07-2008 @ 2:40PM
Gizmo said...
I spent many years in the graphics and IT trade, where 60 hour weeks, and working through weekends, holidays and with no overtime are fairly normal practice. Throughers (24 hours+) aren't uncommon either. I nearly died after falling asleep at the wheel after one such shift. So forgive me if having to work more than 40 hours a week and miss a meal here and there doesn't sound like a bloody holiday camp to me. But I'm in the UK and our employment laws are nothing more than optional suggestions.
Reply
8-07-2008 @ 2:40PM
james said...
wow, so manipulating labor law to get what you want out of somebody is okay? oh, and it's even more okay just because it happened to -ahem - some people and they took it like common curs?
i'm not saying apple did or didn't do anything. i'm suggesting we measure our reactions here. fact is, the work week isn't what it was, or what it was intended to be.
i wonder how many folks who lived under false expectations of the cross of volunteer over-time have great connections with their families or art or life or anything, really...
Reply