A lawsuit filed in a San Francisco Superior Court alleges that over the past four years Apple Inc. has willfully denied Geniuses their state-required 10-minute breaks, hasn’t paid them for the break time they did work, and claims the company’s inaccurate wage statements are concealing the practice. Genius Steve Camuti is the lead plaintiff represented by an Oakland (Calif.) laws firm, which asks the court for class action status to include other Genius Bar employees who are similarly-affected back to 2005. The action follows a federal lawsuit filed last year in Florida by a former Genius who claimed he was regularly forced to work overtime without pay. That lawsuit was settled earlier this year for $3,500. The Camuti lawsuit claims that Apple “enjoyed an advantage” over competitors by not allowing Genius breaks, and called called the practice a “long-time pattern of unlawful conduct.” The lawsuit says that the number of hours and amount of unpaid wages due the plaintiffs will be proven at trial.
Download (pdf) a complete copy of the lawsuit.
Unlike the Zahner lawsuit, the publicity for this court action is focused on identifying other plaintiffs. The law office of Scott Cole & Associates, APC filed the lawsuit September 15, 2009 in San Francisco Superior Court. The firm created a Web site AppleEmploymentClassAction.com to publicize the lawsuit and give contact information about the firm for any affected former or current employees.
The lawsuit does not state where Camuti worked or during what periods of time. It also doesn’t state if he left voluntarily or was terminated by Apple.
The lawsuit says that California law requires employers to provide at least one 10-minute break for all work shifts that exceed four hours. It states that Apple, “willfully failed to clearly communicate the authorization and permission to take rest periods and/or failed to permit or ensure that the Plaintiff and other Class Members were actually relieved from all duties during the applicable rest period time.”
Even when Camuti’s pay records “specifically illustrate no rest periods,” the lawsuit says, “the defendants refuse to properly compensate” him.
The lawsuit also says that the inaccurate payroll statements that Apple issued to each Genius “effectively shielded” the company from its “unlawful conduct” of not paying for the untaken breaks. Employees could not tell if they had been paid for their untaken break because of the inaccurate statements.
Under California labor law, employees can be awarded one hour of pay for each workday that a rest period was due, but was not provided. Under that provision, the lawsuit asks for one hour for each missed break day, as well as interest on the unpaid wages and penalties.
Interestingly, the lawsuit also asks for restitution to the plaintiffs, “of all profits and gains resulting from Defendants’ unfair, unlawful and/or fraudulent activities,” as allowed by California law.
The court filing also asks the court to order Apple to “cease and desist” from the break practice, and for attorneys’ fees.
A settlement conference was set for last February, but it’s unknown if any settlement was reached.
E-mail this story
Related posts:
{ 27 comments }
there is one detail that is either falsely stated or interpreted in all this. this 10 min breaks are paid. no one clocks out during those times. So they got their money for working through them. Also I’ve been doing retail in Cali for long time and the law says that the boss has to allow you to take the break but no where are they required to force you to do it etc. Just if the employee wants to take a break and asks for it, the boss has to say yes.
And I’m not real shocked by the idea that many geniuses didn’t take their breaks even if the day was ‘staffed’ to give them time. Because when I was a bar worker we had Geniuses that disregarded the notion that an appointment was 15 minutes and would do as much as two hours of work for someone right there, putting us behind or having to jump between folks and giving them hardly a glance. We got some pretty crappy customer scores from those latter appointments. And a lot of us were pissed off because then those fellow workers went on meal breaks late, which forced us to go late because someone had to man the bar.
Steve Camuti still works for Apple, he isn’t a former genius. The way the genius bar is staffed in blocks of hours, Apple’s system necessitates missed breaks of angry customers.
Thanks for the correction about Mr. Camuti. I’ve revised the story.
Obviously, Apple should be paying workers for the hours that they work, no one should be required to work “off the clock”, etc. But having said that, I don’t understand the fuss about “breaks”. When I worked in (audio) retail, if someone needed a break, they told someone else, “I’ll be back in a few minutes” and that was it. No big deal, no clocking out. IIRC, we did have to clock out for lunch, but we got paid for that time anyway.
There’s been enough “noise” coming from Apple store employees lately that there must be some truth to the poor ways in which some have been treated. Apple needs to pay closer attention to the ways in which these stores are managed. I think Apple has been slipping lately in terms of its overall image. It’s been coming across more like Microsoft than like the traditional Apple image.
‘also an ex genius’ has it correct. And if I’m not mistaken, the 10 minute break has a caveat of ‘when the business allows’ – it’s not mandatory.
Joe Apple,
There you go again! Railing against the little guy and being the man!
From the CA Department of Labor Website:
“Employers of California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer does not authorize or permit a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided.”
The URL is:
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
So, you were a former Apple Manager and you don’t even know the law? You purport to be the expert in your other posts throughout this website! But, obviously you think breaks have a “caveat” of when it’s convenient for the employer?
Like I said in other posts, Keep on managing the way you do! Fight for the Man and put down us little people whom you resent so much!
Look , genius, I did say “if I’m not mistaken”.
I am an expert on many topics as they relate to working for Apple retail. It’s annoying pricks like you who make me glad that I don’t work there anymore.
Joe Apple,
Geez! Take it easy. Man, if you get this upset over little stuff like this, then all those customers and people you used to have to manage at the Apple Store really must have ticked you off.
Glad to see you’ve moved on and don’t work there anymore.
And by the way, I’m no genius. Just the little guy who tries to look out for all the other little people out there!
Have a good Memorial Day Weekend.
Most managers are worried about metrics not employee breaks….
When my former store opened, we started with a Genius staff of four (no admin) and although our lead was extremely creative with the daily breakdown (no one person was on the bar ALL 8 hours) I never once took a designated break even when I sorely needed one. I’d have to run to the restroom in between late appointments and pray they wouldn’t show up as I’d be the only person on the bar that hour or two. My fellow Geniuses would take breaks frequently because they’d have less to do instead of backup when the queues would get overcrowded with iPhone standbys which my manager was a huge sucker for. I, for one am getting in on this suit because too often was I denied breaks and forced to clock out at 8 hours but still had 30-60 minutes of work to complete. The truth needs to come out.
I was in the Apple Store today, Memorial Day. It was the only place in the mall(Los Angeles) that was busy, beyond the AMC Movie Theatre. Obviously Apple is doing really well. The stock has been flirting with an all time high. Marketshare is getting bigger and bigger. This week alone, Apple eclipsed Microsoft and became the #2 company in the USA in terms of market cap.
Soooooo, Apple is popular. Everyone knows that and today when I walked into the Apple Store, it was so busy that nobody was getting helped in a timely manner. Some people were absorbing(sometimes selfishly) the attention of the specialists. They seem to relish holding hostage and asking odd questions to the specialists. Basically, Apple retail needs to hire more people. Apple retail needs to retain its’ top talent. Apple needs to enlarge the stores(Ron Johnson is doing something about that). But most important, is the people. Apple has to hire more people and take care of its’ most loyal employees. Apple Retail hasn’t been doing that. And today that is evident. I spoke with a manager briefly and I said why doesn’t corporate allow you to hire more people. Well, the manager said we have the majority of staff on hand today but it would be nice if they would give us more budget to hire more people, instead of being told, “To make due with the resources you have”. They’ve been told to just up their game and help more people while delivering the type of service that everyone expects.
Sometimes you can’t break the laws of physics. More customers, expect the same quality of service ——> Corporate has to open up their pockets and start investing into the human aspect of retail. Sometimes, profit margins have to take a hit if you want to deliver the type of service everyone at Apple Retail Corporate ask for.
You are truly an ass. You choose to use a huge shopping holiday as your example of why Apple needs more staff in its stores? Is this the way you do everything in life? Find examples of stuff that fits your intended outcome like a glove and go from there?
EVERY retailer is feeling the same kind of pressure that the store manager allegedly told you he’s under. Do more with less is the mantra EVERYWHERE in this economy. Apple still has the largest, highest paid retail staff of any non-big box or department store in any mall you care to visit. By far.
For you to write something as pollyanna as “Sometimes, profit margins have to take a hit if you want to deliver the type of service everyone at Apple Retail Corporate ask for” shows your naivete about business. Apple’s only purpose is to make money, regardless of their ‘vision’ or whatever other statements they may make, just like every other business out there. They will do whatever they can do to increase their profits, which is what they owe their investors.
Soundsl ike you need to wake up from the reality distortion field you’re swimming around in and realize that there’s no more “Apple Retail”. It’s just retail, after all.
Geez!!!! Why do you keep resorting to name calling and using foul language in this forum. Try to keep it clean and to the point!
Yeah, my visit to the Apple Store to speak with my business rep was on Memorial Day. I could have lied and said otherwise but it was on Memorial Day. Either way, Apple Stores are pretty crowded pretty much all the time. But yesterday was ridiculous and I feel for everyone who had to work that day! Anyways, profits, margins blah blah blah. Yep. They are important. But Apple keeps telling people they care more about their employees and customers than those things. Obviously, it’s not quite true because all these lawsuits are popping up. People at Apple Retail are being worked so hard that they feel they have to give up their right to a break, in order to help the customer.
Joe, wouldn’t it be better to be part of the solution instead of being part of the establishment which keeps telling its’ employees that they’re lucky to have a job and not to complain?
Hope your Memorial Day was as memorable as mine because you seem pretty grouchy!
Have an excellent week. I look forward to your next post!
Foul language? Ass? Dude, it’s in the bible.
You could have lied? That’s your defense?
You’re going to ‘yadda yadda yadda’ profits? You ARE an idiot!
“All these lawsuits”? Anyone can file a lawsuit in our wodnerful free country. Do they all have merit simply because they’re filed? Do we read about other company’s lawsuits as often as we do about Apple? No, because no one gives a shit about other companies as much as they do Apple!
Grouchy? No. Annoyed at you friggin whiners? Yes.
So funny to see you frustrated and start with the inappropriate language. You talk to your mother with that mouth? LOL!
And, I’m not defending myself to you. You’re so funny to pick and choose what you decide to pick on and who you pick on: the little guy!
Grouchy grouchy grouchy!
Try and have a nice day!
There’s this thing called the chain of command. If your lead didn’t allow for proper breaks you go to your Family Room leader. If he/she couldnt’ solve the problem, you go to your store manager, then either your RD or HR. At that point, an investigation will most certainly be started as to the practices going on in a particular store.
If you chose not to follow the chain, comply like a sheep and now complain about it afterward then sorry, you were a part of the problem, not the solution.
Joe Apple,
I did complain and was fired within a week. I actually had been complaining and bringing up lots of violations but my Store Manager had a grudge with me and fired me. So much for Fearless Feedback. My Attorney and I are taking it up with the Department of Labor and the California DFEH. Should be interesting. Just add another lawsuit to the pile because of bad management. Apple has to be accountable for what goes on!
Have a nice day! It’s a beautiful day here in California!
To whom did you complain? DId you stop at the store level or did you go to HR? Did you ever speak directly with Stephanie Fehr? Did you request a decision review after you were termed? If so, was it granted? Did you keep copies of all of your communications with management and HR?
Joe Apple,
I think you and I are the only ones contributing to this post anymore! Anyhow, I love your line of thought in the process of complaining. The answer is pretty much yes. I’m not going to name names because my case is ongoing but basically, yes. Also naming specific names at stores has a tendency to have Gary close the comments thread.
Thanks for the support and the advice! You’ve given me validation that my complaint definitely needs to be heard in a forum beyond Apple’s Internal review processes. Post your personal e-mail and I’ll keep you apprised of my case. Once again, thanks for the great advice and expressing your concern!
Hey Joe: You are nothing more than a puppet from Apple and everyone knows this. Xxxxxx Xxxxx is just another one of the Xxxxx Xxxxx, and other HR useless people. They don’t give a rats ass about the employees. I have spoken all the way up for my OT issues, the reply as always been, we are looking into it. The policy of the HR at Apple is only one thing, and that is to protect Apple.
snowdog – ALl I did here was ask a question. Did this guy follow every step possible and take his case up the chain as far as he could. I didn’t imply what the outcome should have been or make any other implication. Call me puppet if that makes you happy. I like t ask the whiners what they did to stand up for their rights. If their rights actually were violated, then go do what you’ve got to do. But in my experience, there’s plenty left out in the stories people tell here, especially when it come to time and attendance.
Xxxxx is Xxxx’s boss’s boss, just so you know. She’s the HR Director for all of the US and Canada for retail. Xxxxx is a useless jerk in the eastern region.
Gary – you should edit everyone’s posts with names being named, not just mine.
This law suit… It’s a ridiculous truth that needs to be examined by the courts.
Basically, Apple’s being managed by Gap and Pottery Barn managers who are only good at spouting mission statements and firing people for time and attendance issues. Apple Retail is all about their people when it’s convenient for them to be. If you ask for a raise or for better hours, your manager’s response will almost always sound like this: “sorry. It’s a retail job.”
So much for “more than retail,” or whatever it is they’re telling their employees now.
When I was a Genius at Short Hills, the Store Manager (now the GM at SoHo) would remove all overtime from our pay checks. We were refused breaks, even though we were required to work 10 to 11 hour shifts. How can I join in this lawsuit?
Seriously? Are you saying you have first-hand knowledge that xxx went into xxx and took out your OT?
You’re correct…and I have done so.
{ 1 trackback }
Comments on this entry are closed.