The California Supreme Court has ruled that Apple Inc. violated California law when it failed to pay employees in Apple Stores for the time they spend waiting for mandatory bag and iPhone searches at the end of their shifts.
The case is called Frlekin v. Apple Inc. It was filed as a class-action lawsuit against Apple by a group of Apple workers. The workers claimed that they were required to submit to searches before leaving the stores but were not compensated for the time those searches required.
The decision made by the California Supreme Court was written by Chief Justice Tani Cantil-Sakauye, who was appointed by Governor Arnold Schwarzenegger in 2010. A key part of the decision says:
…Applying these factors here, it is clear that plaintiffs are subject to Apple’s control while awaiting, and during, Apple’s exit searches. Apple’s exit searches are required as a practical matter, occur at the workplace, involve a significant degree of control, are imposed primarily for Apple’s benefit, and are enforced through threat of discipline. Thus, according to the “hours worked” control clause, plaintiffs “must be paid”…
…We reiterate that Apple may tailor its bag-search policy as narrowly or broadly as it desires and may minimize the time required for exit searches by hiring sufficient security personnel or employing adequate security technology. But it must compensate those employees to whom the policy applies for the time spent waiting for and undergoing these searches.
According to the Los Angeles Times, Apple has 52 retail stores in California, and that workers are required to submit to exit searches. Employees estimate that waiting for and undergoing searches can take five to 20 minutes, or, on busiest days, up to 45 minutes.