$30M Apple Employee Bag Search Lawsuit Settlement Receives Approval

In 2021, Apple agreed to pay retail workers in California $30 million to settle claims that their bag check policy caused violations of California employment law.

The Case: Amanda Frlekin, Aaron Gregoroff, Seth Dowling, Debra Speicher; and Taylor Kalin v. Apple Inc.

The Court: United States District Court Northern District of California

The Case No.: 15-17382

The Plaintiff: Frlekin v. Apple, Inc.

In an incredibly long, drawn-out lawsuit that Apple employees first filed in 2013, plaintiffs claimed that Apple forced their retail workers to a mandatory search before leaving their job each shift. The mandatory search allegedly included their purses, bags, backpacks, briefcases, and personal Apple smart devices. The plaintiffs estimated that time spent waiting for the search and allowing search ranged from around five to twenty minutes. According to the plaintiffs, some employees even waited up to 45 minutes. Apple allegedly provided no compensation for this time as employees were required to clock out before their exit search according to Apple policy.

The Defendant: Frlekin v. Apple, Inc.

The defendant in the case, Apple, Inc., is well known and needs no definition. Apple claimed the exit searches were necessary to prevent theft. On the other hand, employees brought up the amount of time spent waiting and enduring the mandatory searches with no pay.

Details of the Case: Frlekin v. Apple, Inc.

In July 2015, the district court certified the class defined as "all Apple California non-exempt employees who were subject to the bag-search policy from July 25, 2009, to the present." This case asked the question, "Is time spent on the employer's premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices voluntarily brought to work purely for personal convenience by employees compensable as "hours worked" within the meaning of Wage Order 7?" A California judge dismissed the class action suit in 2015, but the plaintiffs appealed. When the appeals court was asked the same question, they turned to the California Supreme Court to clarify the law. In February 2020, the California Supreme Court ruled that Apple must pay their retail workers for their time spent for mandatory exit searches. In November 2021, Apple agreed to a $30 million settlement to resolve the matter, and U.S. District Court Judge William Alsup approved the settlement in summer 2022. The class members total approximately 12,000 current and former California Apple store employees.

If you have questions about how to file a California class action suit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.