The Apple Employee Bag-Check Class Action Returns
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The Apple employee bag-check class action decision from the U.S. Court of Appeals for the Ninth Circuit had Apple paying retail workers for any time spent waiting their turn for mandatory bag checks. The Ninth Circuit decision was unanimous and aligned with the previous California Supreme Court ruling that employees' time spent being screened after their work shift is compensable.
The Ninth Circuit Decision that Apple Should Pay Employees Waiting for Bag Checks
The Ninth Circuit found that the U.S. District Court that initially presided over the Apple employee bag-check lawsuit erred when they handed Apple a victory. The appeals court found that the California Supreme Court's holding means employees are now entitled to summary judgment on the issue.
The Original Apple Mandatory Employee Bag-Check Lawsuit:
The lawsuit asking whether or not the time Apple employees spend in line waiting for a mandatory post-shift bag check is compensable or not was filed in 2013. The wage and hour lawsuit claimed that Apple's policy requiring its employees to clock out before they complete the mandatory bag check resulted in 1-1.5 hours of unpaid time at work each week on average. Class-action status was granted in 2015.
Apple Bag-Check Lawsuit: California Supreme Court Decision
The California Supreme Court's decision in February determined that the time Apple employees spent waiting for the mandatory bag checks before they could leave after work was compensable under the California Industrial Welfare Commission Wage. California Industrial Welfare Commission Wage requires employers to compensate employees for all time when they are under their employer's control. The Supreme Court's findings were based on a few factors:
Exit bag searches were mandatory for all employees leaving work, and therefore involved a significant degree of employer control.
The mandatory nature of the bag searches was enforced by potential disciplinary action.
The bag searches exist primarily for the employer's benefit.
Apple Bag-Check Lawsuit: Ninth Circuit Decision
The Ninth Circuit court agreed with the California Supreme Court – rejecting Apple's arguments that:
Employees can choose not to bring bags to work to avoid the mandatory bag checks.
Whether the policy was enforced through discipline was disputable.
The court found that regardless of whether or not the exit searches were enforced through discipline, Apple employees' time waiting for and completing exit bag searches under the Apple policy is compensable since the time is considered "hours worked" under state law. The Ninth Circuit court reversed the district court's grant of Apple's motion for summary judgment and ordered the district court to grant the employees' summary judgment motion.
If you need to discuss employment law violations or have questions about how to file a California class action, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
