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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{ 11 comments… read them below or add one }

Throwthatham October 12, 2013 at 1625

You go! It can take that long when you are trying to find an easypay that actually works. Today I tried 4 before I could clock in.

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Ou812 October 13, 2013 at 0901

To bad all those sheep that accept a violation of there 4th amendment right think that now they want paid for there right to be violated, and people wonder why this country is in the toilet !

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Rob October 13, 2013 at 0915

It’s in the toilet for lots of reasons. One is that it’s citizens don’t know the right way of spelling words Mr. Ou812.

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Joe Apple October 14, 2013 at 1848

It’s “its”, you idiot.

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Throwthatham October 13, 2013 at 1649

For your information OU812, we need to arrive about 10 minutes early so that we can find an easy pay that actually works so that we can clock in on time.

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Trey October 14, 2013 at 1651

Get to work earlier. It’s not that hard.

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Throwthatham October 14, 2013 at 1845

We do, you are missing the point. Shouldn’t have to spend 15 minutes finding equipment that works so you can be on time.

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Rob October 17, 2013 at 1525

What’s so crazy is that Apple is so incredibly rich, yet their internal retail systems can be so unreliable. Apple Retail under Tim Cook has been terrible. His focus is all about cutting staff and pushing more sales. That formula won’t work in Apple Retail. It’s not walmart. To the fool that thinks it’s okay to rob apple employees of their time, are you okay with me stealing your money?

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Throwthatham October 17, 2013 at 2012

Thank you.

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kris October 18, 2013 at 1411

i totally miss clocking in on an easypay. arrive 30 minutes before my shift to clock-in no earlier than 5 minutes prior. oh yea that’s right… i quit for a funner, less-stress, better paying job that doesn’t require me to clock-in.

i’m sorry, apple products rocks… but apple retail blows.

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Throwthatham October 19, 2013 at 1237

Yup.

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