2nd Bag-Check Lawsuit Filed By A Former Employee

October 12, 2013

A former Apple retail store employee has retained a San Francisco law firm to pursue unpaid wages related to mandatory personal bag checks, rather than join an existing lawsuit filed earlier this year by two other former employees. The lawsuit was filed last Thursday in U.S. District Court by Taylor Kalin, who worked as a Specialist at stores in Spokane (Wash.) and San Francisco for about two years ending in November 2012. Kalin’s lawsuit claims that mandatory security checks of employee’s personal bags were performed off-duty, yet he was not compensated for the time. The lawsuit said Kalin would wait for the bag check from 10 to 15 minutes each time, behind other employees when he arrived and departed the store during the day. Unlike the earlier lawsuit, Kalin also claims there was other uncompensated time created by the daily clock-in and clock-out process, which was routinely 15 minutes, but could take 30 minutes on “launch days.” Additional uncompensated time was created by the check-in and check-out of “company devices”—probably EasyPay devices—each time he went on and off-duty. That process could take from five to 45 minutes, Kalin claimed. The lawsuit states that Apple failed to pay Kalin within 72 hours of his employment termination, as required by California labor law, and didn’t provide him with accurate and complete wage statements. Kalin’s attorneys asked for class action status, but did not request specific damages in the lawsuit, only those “according to proof” at trial. Apple has not yet filed a formal answer to the lawsuit. Download (pdf) Kalin’s lawsuit for more details. Update: In March 2014 Kalin’s lawsuit was legally “related” to the Frlekin case (which in turn is a consolidated case), but a legal “consolidation” ruling was pending.

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