27 August 2020

Los Angeles Times: “Apple store workers should be paid for time waiting to be searched, court rules”

Apple, which has 52 retail stores in California, requires its workers to submit to exit searches of their bags, packages, purses, backpacks, brief cases and personal Apple devices, such as iPhones, to deter theft. Failure to comply with the search policy can lead to termination.


Under the circumstances of this case and the realities of ordinary, 21st century life, we find farfetched and untenable Apple’s claim that its bag-search policy can be justified as providing a benefit to its employees, the court said.

The court noted that workers may need a bag to hold ordinary, everyday items, including wallets, keys, cellphones, eye glasses and water bottles.

Apple’s proposed rule conditioning compensability on whether an employee can theoretically avoid bringing a bag, purse, or iPhone to work does not offer a workable standard, and certainly not an employee protective one, Cantil-Sakauye wrote.

Maura Dolan

Not as egregious as putting limits on how long workers can hash their hands, but hostile to employees nonetheless. Requiring bag searches for security and claiming this as a benefit to employees to withhold compensation for extra time spent at work is pretty hypocritical even by Apple standards.

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