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Apple sued for indentured servitude

Class action for overtime pay
Wed Aug 06 2008, 12:36

A LAWSUIT filed Monday in California seeks class action status alleging that Apple denied technical staffers required overtime pay and meal compensation in violation of state law.

Filed in the US District Court for Southern California, the complaint claims that many Apple employees are routinely subjected to working conditions resembling indentured servitude.

Lead plaintiff David Walsh was employed by Apple as a network engineer from 1995 until 2007. His complaint says he was often required to work more than 40 hours per week, miss meals, and spend his evenings and even entire weekends on call without any overtime pay or meal compensation. He fielded technical support calls that often came after 11 pm.

The lawsuit alleges that Apple intentionally misclassified Walsh and many other workers as management employees in order to avoid having to pay them overtime as required under California law for hourly workers. It seeks to include Apple retail stores' staff as plaintiffs.

If the plaintiffs win this lawsuit, a judge or a jury could require Apple to substantially revise its compensation practices and also pay retroactive compensation to many of its present and former technical and retail store employees, which could run into millions of dollars.

Apple has not yet responded to the complaint. µ

L'Inq
Informationweek

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Was done at the aussie olympics

When the Olympics were here in Oz in 2000, some company I can't remember employed thousands of teens for the period. However, they were all forced to sign agreements that they were "contractors". These poor teens (some as young as 17 and 16 ) got no overtime, no meal breaks, no penalties, no super, no sick leave, no holiday leave. 

Allowing companies to classify employees as "contractors" allows them to do an end-run around their legal obligations; for example in Australia it's illegal NOT to pay people super, sick leave, holiday pay etc etc. 

The solution? Classify them as "contractors". I'm sure it gave some corporate arse a warm inner glow to know he was enriching himself while ripping off children. This happens often. We live in an amoral society.

The corollary is, don't respect the rich. Your Packers, your Murdoch's etc ... they are all thieves. It's possible to become comfortably off by working hard. But to be filthy stinking rich, you have to be a filthy stinking thief ...

posted by : Jamie, 11 August 2008 Complain about this comment
Non-contractual

You are an employee-at-will unless you are under a contract. You have no right to employment. You can leave your position at anytime if you find it unbearable. 
Yes, companies do take advantage of employees but you don't read about the annual bonuses, the stock options/sharing, any perks, employment packages, comp-time...
The is person sounds like a disgruntled worker looking to make a buck under "class-action" umbrella. Sorry, but once you file a class action suit, the only winner is the legal team.
I do believe Apple isn't the best company to work for (not in the top 100 for sure) and I'll bet Apple HR is fielded with b-tches, but come on. You can't take it, and worked 10 years there??? That experience would get you work anywhere (Google, Yahoo, Adobe,...)

posted by : Fredericooo, 07 August 2008 Complain about this comment
Oh Come On!

It's a well known fact there is no 9-5 work in IT. If you work in IT, you have to deal with the oncall crap, the phone calls in the middle of the night and staying late at work.

I've been in IT 13+ years, and it is what it is... Either you do your job, or someone in a 3rd world country will do your job, for a third of your salary... so stop bitching!

posted by : Joe, 07 August 2008 Complain about this comment
Invalid Law!

There is no such thing as "unfair" *voluntary* compensation. The rights of both Apple and its employees and prospective employees to exercise their rights of association and trade are egregiously violated by this kind of law. (The same applies to all similar laws, such as minimum wage, and so on.)

posted by : androticus, 07 August 2008 Complain about this comment
Sounds like IT workers Everywhere

Why can't Apple employ migrant 
H-2B Work Visa employees to do
these outsaucable *Jobs* that *Americans* don't want to do? 

What Would Jesus Do? I'm sure he could manage with just 5 tortilla & 2 pilchards! You should see what he can do with water! 

trabajando en las condiciones en quizas van a darse cuenta quien

The death of los wages is sin.

más que el Bud & Stella puede agitar su puño

posted by : Fullon Hill, 06 August 2008 Complain about this comment
Vow of perpetual poverty

There seems to be some problem with the belief systems of these temple-workers. Many other religions ask their clergy to take vows of perpetual poverty, so maybe this is something that the Apple management could ask for in the next collective agreement? Even the Messiah Steve Jobs Himself is only paid one dollar per year. What a shining role model for all Apple employees to aspire to!

Really, these people are actually earning money for religious gratification...something members of the public who have purchased iPhones happily shell out over $5000 a year for (and proselytize to others for free!). And, as prices go, this is pretty much the going rate (for example, Scientology, one of Apple's competitors, charges about $5600 per intensive training course). Even the total projected cost of 20 years is very competitive: Apple iPhone devotee = $150,000 (including service charges, extra usage fees, other gadget accessories, etc.), Scientologist who reaches Operating Thetan level 8 = $275,000. So, Apple is the clear cost-effective winner here. 

Apple employees should look at the big picture, and realize that they are in paid positions that millions of other Apple-devotees would PAY to be in. Hallelujah! - get back to work.

posted by : Appleophyte, 06 August 2008 Complain about this comment
Rotten Apple?

And here I thought everyone thought Apple could do no wrong!!! If this was Microsoft it would have made front page news and headline the evening news.

I would be willing to guess that Jobs and company will buy their way out to make this go away.

posted by : fredm2002, 06 August 2008 Complain about this comment
So What

What Apple is doing is nothing bigger than what other companies, including mine, do to its employees. This used to be common practice untill a few years ago when the compensation rules changed to make it harder for companies to misclassify employees and not fairly compensate them. And the reason they still get away with it is because most employees either; A) Don't know their rights or B) don't want to rock the boat and get fired. 

I guess they feel being unfairly compensated beats being unemployed.

posted by : Will "E" Will, 06 August 2008 Complain about this comment
Should have

been paying Apple for the privilege of working there! Then come home and lick t' road clean wi' tongue.

posted by : Efros, 06 August 2008 Complain about this comment
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