Apple Set to Battle Class Action Lawsuit Over Labor Code Violations Starting Tomorrow

A class action lawsuit filed by four former Apple retail employees over alleged California Labor Code violations commences tomorrow in San Diego Superior Court.

apple_retail_employees
A civil jury trial is scheduled to begin Tuesday at 9:00 a.m. local time in a courtroom presided over by the Honorable Eddie C. Sturgeon, nearly two years after Apple's appeal and motion for dismissal was denied in the case. The lawsuit, titled Felczer vs. Apple Inc., falls under the court's Department 67.

The lawsuit, originally filed in 2011 and elevated to class action status in 2014, accuses Apple of failing to provide timely meal and rest breaks, failing to pay all wages due upon ending employment within the required time, and failing to provide accurate wage statements, according to court documents filed electronically.

The proposed class would involve all current, former, or prospective employees in California who have worked for Apple between December 16, 2007 and the time of trial, which totaled approximately 18,000 employees as of 2014. Any settlement awarded would be divided evenly between class members.

California Labor Code dictates that employees must be provided with at least a 30-minute meal break when the work period is more than five hours, and at least a 10-minute rest break for every four hours worked. The defendants claim Apple failed to always provide these breaks for at least four years prior to the lawsuit.

Meanwhile, the complaint notes Apple took several weeks to send out a final paycheck to multiple employees. As a result of these unlawful business practices, the lawsuit asks for compensatory damages and repayment of all wages owed, along with interest and legal fees, but it does not specify a damages amount.

Popular Stories

Generic iOS 18 Feature Real Mock

Apple Shares Full List of Over 250 New Features and Changes Coming With iOS 18

Wednesday September 11, 2024 7:16 am PDT by
Following its iPhone 16 event on Monday, Apple shared a PDF on its website with a list of all new features and changes coming with iOS 18. The list includes many features that were already announced, including Apple Intelligence, new customization options for the Home Screen and Control Center, a redesigned Photos app, several enhancements to the Messages app, a Passwords app, and more....
iphone 16 pro pro max

First iPhone 16 Carrier Deals Include iPhone 16/16 Pro For Free, $1,000 Off iPhone 16 Pro Max

Monday September 9, 2024 3:18 pm PDT by
Apple today announced the latest lineup of iPhones, including the iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max. Pre-orders for these devices begin September 13, and if you plan on ordering from a cellular carrier in the United States, there will be plenty of options for discounts from the major carriers. AT&T is offering the iPhone 16 and iPhone 16 Pro at no cost with...
iphone 16 pro models 1

Skipping the iPhone 16 Pro? Here's What's Rumored for iPhone 17 Pro

Wednesday September 11, 2024 8:20 am PDT by
Will you be skipping the iPhone 16 Pro and waiting another year to upgrade? If so, we already have some iPhone 17 Pro rumors for you. Below, we recap key new features rumored for the iPhone 17 Pro models so far: 24MP front camera for all iPhone 17 models: All four iPhone 17 models will feature an upgraded 24-megapixel front-facing camera, according to Apple supply chain analysts Ming-Chi...
iphone 16 lineup colors

Apple Discontinues iPhone 15 Pro, iPhone 15 Pro Max and iPhone 13

Monday September 9, 2024 2:09 pm PDT by
With the launch of the new iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max, Apple has discontinued some of its older iPhones. As of today, Apple is no longer selling the iPhone 13, and the iPhone 15 Pro and iPhone 15 Pro Max have been replaced with the iPhone 16 Pro and iPhone 16 Pro Max. The iPhone SE remains as Apple's most affordable device, with the iPhone 14 and iPhone...
16 pro

Apple Announces iPhone 16 Pro and iPhone 16 Pro Max with Larger Displays, New Camera Control, and More

Monday September 9, 2024 11:13 am PDT by
Apple today announced the iPhone 16 Pro and iPhone 16 Pro Max—its latest flagship smartphones—featuring larger displays, an all-new Camera Control button, and the A18 Pro chip. The iPhone 16 Pro has a 6.3-inch display, while the iPhone 16 Pro Max features a 6.9-inch display—the biggest iPhone display ever. The borders around the display are the thinnest of any Apple device. The...
airpods pro 2 pink

Apple Releases New AirPods Pro 2 Firmware With Support for iOS 18 Features

Tuesday September 10, 2024 11:40 am PDT by
Apple today released a new firmware update for the AirPods Pro 2, including both the Lightning and USB-C versions. The firmware has a build number of 7A294, up from 6F8, and it is available for all AirPods Pro 2 users. Apple has been beta testing this update, but it is launching ahead of when iOS 18 becomes available next Monday. There are multiple features that Apple is adding to the...
maxresdefault

Everything Apple Announced at Today's Event in 13 Minutes

Monday September 9, 2024 6:02 pm PDT by
Apple today held the "It's Glowtime" fall event to debut new iPhone 16 models, a new version of the Apple Watch, new AirPods, and more. It took Apple more than an hour and a half to introduce the new devices, but we've recapped everything in a quick 13 minute video for our readers who want a short but detailed overview of what's new. Subscribe to the MacRumors YouTube channel for more videos. ...

Top Rated Comments

gavroche Avatar
103 months ago
I had expected better from Apple.
So i presume you have already tried and found them guilty?
Having been sued does not mean you are guilty (yet). I had a friend that owned a business that was brought before the labor board multiple times by disgruntled employees. Not only did he win every time after he presented his evidence, but the judge on one occasion told an employee that was saying they were not paid overtime correctly that they were in fact OVERPAID..
Lets not rush to judgement until all facts are presented.
Score: 13 Votes (Like | Disagree)
britboyj Avatar
103 months ago
I worked for Apple retail for 3 years and corporate for 2, from 2008 to 2013. Breaks were mandated HARD. Like, you got written up if you didn't take them. 30 minutes if you went over 5 hours, a 15 if you were under.

I wouldn't be surprised if the violations here are rogue managers.
Score: 10 Votes (Like | Disagree)
mi7chy Avatar
103 months ago
Bunch of apologists. Every worker deserves their legally allowed lunch and break time including slaborers in China. With all the cash Apple has hidden away they can afford this.
Score: 9 Votes (Like | Disagree)
citysnaps Avatar
103 months ago
Nice. People finding Apple guilty before the trial even begins. Shocker...
Score: 8 Votes (Like | Disagree)
aitachi Avatar
103 months ago
Former Apple retail employee here. I did two stints with Apple at two different stores in two different cities in two different positions. My experience was the exact opposite of what this suits claim. Managers and Store Leaders not only required us to take our breaks on time they practically hounded us to do so, going so far as to sub employees out with someone else if they were in deep helping a customers and needed to take a break. I'm not saying this suit doesn't have merit; I have no doubt some stores and managers did not follow the law. However, to put this on the level of institutional malfeasance? I don't think so.
Score: 6 Votes (Like | Disagree)
62tele Avatar
103 months ago
I side with Apple. This is one of the reason why US companies move factories to China.
No it's not. Employees deserve to be treated fairly and have a break. You think our citizens deserve to work in such conditions like the sweat shops in China? If so, this would be an example of US workers not being respected or valued. By your logic I suppose it's perfectly fine that top executives now earn, on average 200 to 300 times the average worker. For reference the ratio has gone up from 120-to-1 in 2000, 42-to-1 in 1980 and 20-to-1 in 1950.

Count me on the employee's side.
Score: 4 Votes (Like | Disagree)