Employees sue Apple for failing to pay for overtime
updated 06:45 pm EDT, Thu August 6, 2009
Employees sue Apple
Apple has become involved in yet another lawsuit, as a former employee, Kenyon Zahner, claims to have been forced to work over 40 hours a week without additional compensation, according to InformationWeek. The worker has filed a class action lawsuit with other Apple employees in Florida, although details of his role at the company remain unclear.
"The defendant knowingly had the plaintiff work off the clock and did not pay the plaintiff overtime," the filing reads. The employee is unable to determine the number of uncompensated hours. Apple is accused of retaining documents and information regarding Zahner's employment record with the company.
The company has been referenced in a variety of reports regarding conditions at overseas factories. Although foreign companies own the manufacturing facilities, Apple has been criticized for not enforcing its ethics standards. Apple has worked to improve its image, doubling the number of audits from last year. The company also provides training regarding workers rights to thousands of supplier employees and managers.
A Foxconn employee working in China recently committed suicide after losing an iPhone prototype. Following questions regarding security methods, the supplier admitted to interrogations that may have utilized solitary confinement, home searches or possibly even beatings.
Zahner is seeking unspecified damages to compensate for unpaid overtime. Apple has not yet responded to the allegations.
huh?
08/06, 08:38pm reply
'"The employee is unable to determine the number of uncompensated hours."'
The article failed to mention the employees position. The inability to do something as simple and commonplace as "document hours" would seem to suggest that the employee was hired as simple unskilled and uneducated labor. If Apple did indeed take advantage of someone like this, then Shame on Apple!
apostle
Fresh-Faced Recruit
Joined: Apr 2008
re: huh?
08/06, 09:10pm (1 reply) reply
Read the original article. He's probably a Mac tech. Also, it's likely he's unable to document them because they had him work off the clock and thus only documented 40 hours/week. I'm sure I couldn't remember exactly how many hours I worked every day the past few months without looking it up.
cmoney
Dedicated MacNNer
Joined: Sep 2000
Could be worse...
08/06, 11:26pm reply
What the h*** does bringing up the Foxconn thing again have anything to do with this article?
To point out to this guy how lucky he really is! Ba dump bump.
manleycreative
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Joined: Sep 2005
Re: huh?
08/07, 09:40am reply
I don't know what any of that has to do with the issue at hand. Oh, he's not too bright? OK, does that mean his suit has less merit?
testudo
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Joined: Aug 2001
floridu-not surprising
08/07, 10:58am reply
Making people work overtime without paying them time-and-a-half is standard operating procedure for managers in Florida. I'm sure this is probably at an Apple store, with a manager formerly from Winn Dixie or McDonalds who is used to exploiting workers.
addisonx
Fresh-Faced Recruit
Joined: Nov 2002
idiot
08/07, 04:12pm (1 reply) reply
Guy is an idiot with no case, and a very bad lawyer.
Law in this area is clear
a. You have to document the hours you worked without pay
b. Burden of proof is on you
c. You have to at some point claim this to your employer first
d. you can only recover actual damages (pay you lost) unless it deliberate and systematic then triple (no chance)
You can only go back three years.
This is why you never hear about these suits as it pretty unlikely you could get a judgement large enough to be worth it after paying you legal fees.
While I have no doubt this happened it was his manager that did it not Apple. Had he documented it and reported it to Apple the manager would have been fired immediately. Note I can guarantee that Apple's employee manual states that employees are to never "work off the clock" and doing so would be reason for termination.
I also know that getting overtime at an apple store these days is damn easy. I know a genius that can have as many overtime hours as he wants and is making money hand over fist.
TRRosen
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Joined: May 2002