Apple broke California law when it failed to pay employees for time spent waiting for mandatory bag searches at the end of their shifts, the California Supreme Court ruled today. [PDF]

The unanimous court decision, shared today by Bloomberg Law and The Los Angeles Times, dates back to a class action lawsuit filed against Apple in 2013.

apple employees trio
Employees at the time alleged that Apple subjected them to mandatory bag checks that were conducted off the clock, leaving them uncompensated for their time. At the trial level, Apple actually won the lawsuit when the court ruled that Apple employees chose to bring personal bags to work and dismissed the case, but the decision was appealed and brought to a higher court.

The U.S. 9th Circuit Court of Appeals, which is now handling the case, asked the California Supreme Court to clarify whether California state law requires compensation, and the California Supreme Court ruled that the law does indeed dictate that employees be compensated while waiting for bag checks.

"Hours worked is defined as the time during which an employee is subject to the control of an employer and includes all the time the employee is suffered or permitted to work, whether or not required to do so," reads the court's opinion.

Based on the language of the control clause, Apple employees are entitled to compensation for the time during which they are subject to Apple's control. (Cal. Code Regs., tit. 8, Sn. 11070, subd. 2(G).) Applying a strictly textual analysis, Apple employees are clearly under Apple's control while awaiting, and during, the exit searches. Apple controls its employees during this time in several ways. First, Apple requires its employees to comply with the bag-search policy under threat of discipline, up to and including termination. Second, Apple confines its employees to the premises as they wait for and undergo an exit search. Third, Apple compels its employees to perform specific and supervised tasks while awaiting and during the search. This includes locating a manager or security guard and waiting for that person to become available, unzipping and opening all bags and packages, moving around items within a bag or package, removing any personal Apple technology devices for inspection, and providing a personal technology card for device verification.

Apple requires all personal packages, bags, and Apple devices that belong to retail employees to be checked by a manager or security before an employee is allowed to leave the store for any reason, including breaks, lunch, and the end of shifts.

Employees are also required to clock out before submitting to an exit search, and have estimated that the time spent waiting and undergoing searches ranges from five to 20 minutes. On busy days, some employees have waited for up to 45 minutes waiting for a bag check.

Apple has argued that allowing employees to bring bags and devices to work is a convenience and has positioned the searches as a "benefit" because employees could prevent searches by not bringing personal items or could be banned from bringing personal items all together. The California Supreme Court says that such a ban would be "draconian" and that Apple's arguments that employee iPhones are a convenience are "at odds" with how the iPhone is described in marketing materials.

"Its characterization of the ‌iPhone‌ as unnecessary for its own employees is directly at odds with its description of the ‌iPhone‌ as an 'integrated and integral' part of the lives of everyone else," reads the ruling.

The decision made today is retroactive, and the case will now return to the court of appeals where federal judges will apply the California Supreme Court's interpretation of the law. Prior evaluation of the case suggested that Apple could have to pay as much as $60 million should it be required to offer employees back compensation for the time spent undergoing bag checks.

Related Roundup: Apple Stores

Top Rated Comments

Internet Enzyme Avatar
14 months ago
A sensible verdict and absolutely asinine behavior on Apple’s part.
Score: 37 Votes (Like | Disagree)
iLoveDeveloping Avatar
14 months ago
That’s horrible behaviour by Apple. Absolutely offensive and degrading. I really hope they have to pay out huge for this!! Shame on you apple
Score: 31 Votes (Like | Disagree)
TacoChowder Avatar
14 months ago
imagine sitting at work for 45 minutes after you clock out because you brought your purse with you
Score: 29 Votes (Like | Disagree)
warp9 Avatar
14 months ago

Just want to say I used to work at the 5th Ave store in New York, which had HUNDREDS of employees and one single bag checker, and I never waited more than a minute.
That math tells me the bag checker wasn't actually checking bags.
Score: 23 Votes (Like | Disagree)
furqan8421 Avatar
14 months ago
The part about how they could simply force employees to not bring a bag at all is embarrassing
Score: 21 Votes (Like | Disagree)
Septembersrain Avatar
14 months ago
So no phones, no bags for feminine products, etc is the way Apple thinks it should be? Wow.

Imagine how badly they treat their Chinese workforce?
Score: 21 Votes (Like | Disagree)

Top Stories

iphone 6 in hand

Apple Faces Another iPhone Lawsuit Over 'Programmed Obsolescence'

Monday March 1, 2021 6:44 am PST by
Apple faces a new class-action lawsuit that accuses it of deliberately releasing iOS updates that slowly reduce the performance of an iPhone, forcing customers to upgrade their devices. The lawsuit comes from the Portuguese Consumer Protection Agency, Deco Proteste (via Marketeer), which in a statement says that it will proceed with a case against the Cupertino tech giant because it...
PIA23764 RoverNamePlateonMars web

NASA Mars Perseverance Rover Uses Same PowerPC Chipset Found in 1998 G3 iMac

Tuesday March 2, 2021 3:21 am PST by
NASA's Perseverance rover, which recently made history landing on the surface of Mars, is powered by the same processor used in an iMac more than 23 years old. Image Credit: NASA As reported by NewScientist (via Gizmodo), the rover includes the PowerPC 750 processor, the same chip used in the G3 iMac in 1998. The main chipset is the same; however, there are differences between the...
magsafe charging brick feature

Prosser: iPhone 12 MagSafe Battery Pack to Feature Reverse Charging

Monday March 1, 2021 1:18 pm PST by
Apple is working on MagSafe-compatible battery packs that will be compatible with the iPhone 12 models, and leaker Jon Prosser today said on the Genius Bar podcast that one version of the battery pack will feature "reverse charging." According to Prosser, Apple is working on two versions of the battery packs, one that's a standard version and one that's a premium version with reverse...
iphone 12 pro display video

iPhone 13 to Include 1TB Storage Option and LiDAR Across the Board, Says Wedbush Analyst

Monday March 1, 2021 4:00 am PST by
Apple's forthcoming iPhone 13 could include a 1TB storage option for some models and LiDAR Scanners across the entire lineup, according to a report from Wedbush analysts. In a new note to investors, seen by MacRumors, Wedbush analyst Daniel Ives said that initial Asian supply chain checks gave the firm "increased confidence" that Apple's 5G-driven product cycle would extend well into 2022,...
Top Stories 47 Feature copy

Top Stories: MacBook Pro, iMac, and AirPods Rumors, macOS 11.2.2, MagSafe Wallet Revisited

Saturday February 27, 2021 6:00 am PST by
March is right around the corner, and that means our first good opportunity for Apple product launches in 2021 as the company frequently has significant launches in March or April each year. We're hearing rumors about MacBook Pro, iMac, AirPods, and more, although many of these will be coming out at different times over the course of the year. This week also saw a macOS update to address a ...
microsoft edge ios android

Bill Gates Says His Preference for Android Over iPhone is Due to Pre-Installed Software

Friday February 26, 2021 3:35 am PST by
Microsoft co-founder Bill Gates this week participated in his first meeting on Clubhouse, the increasingly popular invite-only conversation app, where he fielded a range of questions as part of an ongoing book tour. Gates was interviewed by journalist Andrew Ross Sorkin, and given that the Clubhouse app is currently only available on iOS, naturally one of the questions that came up was...
iphone 12 120hz thumbnail feature

Kuo: iPhone 13 Lineup to Feature Smaller Notch and Larger Batteries, 120Hz Display for Pro Models, and More

Monday March 1, 2021 7:50 am PST by
iPhone 13 models will all feature a smaller notch, while the two Pro models will be equipped with low-power LTPO display technology for a 120Hz refresh rate, analyst Ming-Chi Kuo said today in a research note obtained by MacRumors. Subscribe to the MacRumors YouTube channel for more videos. Several other sources have previously claimed that some iPhone 13 models will support a 120Hz refresh...
maxresdefault

HomeKit Essentials Worth Checking Out

Saturday February 27, 2021 7:05 am PST by
HomeKit was slow to take off after its 2014 launch, but now that it's been around for seven years, there are hundreds of HomeKit products available, ranging from doorbells and speakers to TVs, lights, and cameras. In our latest YouTube video, we rounded up some of our favorite HomeKit products that we find most useful. Subscribe to the MacRumors YouTube channel for more videos. HomePod...
First Look Big Sur Feature2

Apple Releases macOS Big Sur 11.2.2 to Prevent MacBooks From Being Damaged by Third-Party Non-Compliant Docks

Thursday February 25, 2021 10:07 am PST by
Apple today released macOS Big Sur 11.2.2, the fourth update to the macOS Big Sur operating system that launched in November. macOS Big Sur 11.2.2 comes two weeks after the release of macOS Big Sur 11.2.1, a bug fix update. The new ‌‌‌‌macOS Big Sur‌‌‌ 11.2.2‌ update can be downloaded for free on all eligible Macs using the Software Update section of System Preferences....
Apple Prefer Lightning Over USB C Feature

iPhone Sticking With Lightning Port Over USB-C for 'Foreseeable Future'

Tuesday March 2, 2021 9:32 am PST by
Apple will retain the Lightning connector on the iPhone for the "foreseeable future," with no intention of switching to USB-C, according to reliable analyst Ming-Chi Kuo. In spite of much of the industry moving toward USB-C, Apple will not be using it to replace the Lightning connector on the iPhone 13, or indeed on any iPhone model for the time being. In a note seen by MacRumors yesterday,...