Employee Timesheets Changed After Lawsuit

June 27, 2010

In the midst of a lawsuit filed by a former Genius alleging that Apple denied store employees legally-required work breaks and failed to pay them for the time, the company has changed the format of its computerized work schedules to show the duration of rest breaks and meal periods. Earlier this month, Apple’s computer scheduling system began showing four work segments for a full-time employee’s work day instead of one. The segments are interrupted by two 15-minute breaks and one 30-minute meal period. Part-time employee schedules now show a single 15-minute break during the shift. Previously, the schedules showed just the shift starting and ending times. The format change is coincidental to a lawsuit filed in San Francisco Superior Court last September by Steve Camuti. He alleges that, “Apple has, for years…failed to provide (employees) with net ten minute rest periods…” Apple has denied the allegations in court documents, claiming Camuti and others failed to follow their employer’s directions, caused their own financial damages and “unreasonably delayed” bringing the lawsuit. A trial has been scheduled for September, but in the meantime both sides are in the process of evidence discovery. The next action on the court calendar is a case management conference scheduled for July 30th.

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{ 14 comments… read them below or add one }

Former genius June 28, 2010 at 0535

Yes, that’s right. The lawsuit was “unreasonably delayed.” … You know, because management LOVES to hear about not getting your 15 minute breaks… Oh, and because you ALWAYS want to litigate your current employer. *face palm*

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Anonymous June 28, 2010 at 0601

This isn’t true for all stores. Each store’s scheduling system is individual to that store. Some stores pencil in the breaks, others let employees dictate when when they need it. As for the clock in system, its just shows you in, and out for lunch, it hasn’t changed at all.

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Genius's are probably the ones at fault June 28, 2010 at 0631

I used to work at Apple and over my years I was at several stores. And at every single one, the geniuses, especially the bar ones, were notorious for falling behind because they would go over the 15 minutes (later only 10 for phones/pods) that an appointment was supposed to be. Sometimes to the point of being up to an hour behind

So the notion that their breaks were accounted for in their appointment lists, at several stores to the point of being booked into the system to make sure no one had an appointment during that time, and they missed it because they weren’t on track, doesn’t shock me at all.
I even personally witnessed more than one occasion where management told geniuses to take their breaks and the employee chose not to which in California is totally by the book. The law is that you are given an opportunity for those paid breaks, not that the boss has to hog tie you to a chair and make sure you take it.

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Joe Apple June 28, 2010 at 0859

Nope – you’ve got it all wrong. Whether breaks appear on the schedule or not is a function of how the manager prepares the schedule. Auto-generated schedules always include breaks in the printout, manually scheduled shifts must have the breaks added manually by the preparer.

None of this has anything to do with whether or not people take their breaks. That’s 100% the responsibility of every manager in the store.

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The People vs. Joe June 28, 2010 at 0941

For once, I actually agree with Joe! It’s up to the individuals to take their breaks and if they elect not to, then they forfeit the opportunity to take that particular break. Now we have to ask the question of why would someone volunteer to miss their break. Is it under duress? Do they care more about the customer than themselves? Are they being pressured to meet goals?

If it’s under duress, then something has to change. If they care more about the customer than their own well being, that person should be given a raise! But, they have to remember to take care of themselves? If they’re being pressured to meet goals, then those managers who are doing the pressuring should be careful that those pressures being put upon those they manage don’t come back to bite them in the butt!

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Joe Apple June 29, 2010 at 0331

I’m not sure why you think you’re agreeing with me – reread my post. It’s the MANAGER’s responsibility to ensure that all legally required breaks are taken. I’m not in which state this lawsuit is taking place, but in NY, breaks are mandatory. You cannot volunteer to work through your break. That would be a labor law violation, and the manager on duty would be held responsible.

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Rick Barrett June 28, 2010 at 2202

This is just impossible… that a “boss” could use their position of power to abuse employees. The real world isn’t like “The Office” or “Dilbert” it is a place where people always do the right thing. That is why there are no labor unions any more. So on the face of it you can see that Steve’s claim is, as Apple says. just a disappointed fired employee making trouble for (the other Steve’s) company that is known for it’s slogan… don’t be evil… Oh wait a minute that was Google before they dropped it and changed to “Take over the entire world.” Yea you can always trust a business… that’s the truth.

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Brian June 29, 2010 at 0603

Apple is one of the most progressive stores on the planet. No way they would systematically not follow labor rules, that is insane. If it happened in one store, to one employee, that would likely be the extent of it.

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Joe Apple June 29, 2010 at 1011

Brian,

Remember that while the company is indeed progressive, individual managers are only human and are sometimes pricks. It can take a long time for upper mgmt to see that and act on it, but it’s nonetheless true.

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Pirate June 29, 2010 at 1554

Joe (and others),

What you fail to conceded is that 10 minute ‘rest periods’ are horse-crap. Legally, super-liberal-conservative states like CA (and NY) have laws that dictate these ridiculous breaks to satisfy unions (primarily). Whether managers schedule them or employees decide to not take them – there is not doubt that these ‘rest periods’ are a giant waste of time which oddly aren’t taken or required (GASP!) in corporate America, by salaried employees, or by grown ups. Seriously, weren’t there enough ‘rest periods’ in grade school? What’s next.. recess? :0)

For all you know (although I suspect you might be Steve Camuti in disguise), Steve’s managers DID tell him to take a break and he didn’t go. You can argue it’s the manger’s job to ensure someone takes their ridiculous 10 minute break, but the manager shouldn’t be expected to handhold and coddle a grown up. If a manger posts the schedule with breaks listed and says, “please take your lunch breaks and 10 minute rest breaks as scheduled” what more do you really expect them to do? Man up. Americans need to take responsibility for their own actions, rather than blaming others for their own mistakes, problems, and challenges.

Steve Camuti is an opportunistic, greedy, backstabbing employee who sees dollar signs in his former employer. Rather than be mature and go find a job that makes him happy, he’d rather sue Apple in a lost attempt to make himself feel better rather than dealing with his own realities. Steve Camuti (and maybe you too, Joe) are part of the ‘entitled’ generation. Your baby-boomer parents have taught you that the world should revolve around your wants and needs.

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Joe Apple July 1, 2010 at 0801

Pirate,

You must be joking, no? I don’t need to argue whose job is what – those roles are well defined and state law dictates their compliance. If an employee refuses breaks over and over, then it’s again on management to write them up and eventually terminate them. Whether you think it’s pandering to unions or not, labor law is not something to be fucked around with. Don’t like the law? Do what you need to in order to change it. Otherwise, shut up. For all I know, you’re Rush Limbaugh or Ann Coulter or Sean Hannity in disguise.

I’ve never once defended Camuti here, so try to stay on topic if at all possible.

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Pirate July 1, 2010 at 0843

I’m not a right wing fanatic in disquise. Promise.

I did notice that you disregard my point that a 10 minute break is unnecessary and isn’t found in corporate america.

Not to mention, when managers do hold employees accountable in a retail environment, hourly staff simply accuse the manager of: retaliation, racism, discrimination, or just being ‘mean’. Store managers and assistant managers at Apple have tough jobs trying to manage multi-million dollar businesses (stores) while navigating complex rules written by politicians that conflict with the needs of the business and customer. Many Apple store employees feel entitled to a lifetime job, regardless of performance because they ‘have always used a mac and love Apple’. They expect premium pay and a relaxed work environment with no hassles from management. Sure, Apple thinks different, but come one – give me a break.

Last, I was teasing about your being Steve. I’m sure you are not he.

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Geniass June 30, 2010 at 1701

So so true, I feel like I’m working at Foxconn.

As the lions watch over you the so called managers a eagle eyed Bengali HR officer is just waiting for you to make one mistake that includes you forgot to flush the toilet. Unless your your gay or white she loves you and is there for you…

Don’t get me wrong I love Apple its the middle management whom are slave drivers.

Good luck with the lawsuit.

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FormerFRS July 29, 2010 at 1214

God, thinking back to when I worked for the company, I can’t remember the last time I got my scheduled 15-minute break. Yeah, it’s nice to say on paper that I have a 15 this hour, but when I’m helping 2-3 iPhone/iPod customers and the one’s restore just failed and now I have to replace his phone even though it’s time for my 15, and I have a 1-to-1 session immediately after that on the hour, my 15 minute breaks had a habit of magically disappearing. I will admit that on more than one occasion I tacked an extra 10-15 on a lunch break because I needed to breathe for a few more minutes.

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