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Genius Bar workers gather for class action suit over breaks

updated 11:50 am EDT, Tue May 25, 2010

Extra work going unpaid, suit alleges


Some former Apple Store workers are now being contacted by lawyers as part of a class action lawsuit, reports say. The case, Steve Camuti v. Apple, was first filed in the San Francisco County Superior Court in September 2009, and alleges that Geniuses at California retail stores have been forced to work through breaks without the extra pay they should be receiving. Lawyers are seeking unpaid wages going back to September 2005, along with appropriate penalties and expenses, and an injunction on further misconduct.

Apple has been under growing scrutiny for its labor practices, but typically for lax standards overseas. 44 Chinese workers are suing Wintek, a key iPhone panel supplier, alleging that many people at a Suzhou factory were poisoned by reckless exposure to hexane. One of Apple's main manufacturing partners, Foxconn, has seen a rash of suicides connected to conditions where people are made to work virtually non-stop, for a monthly salary worth less than most of the products they help to create.




by MacNN Staff

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 retail, California, lawsuits, jobs, Apple

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  1. ScottG

    Fresh-Faced Recruit

    Joined: Jan 2005

    -11
    05/25, 12:25pm | report spam | (1 reply) Reply |

    OMG!!! BE HAPPY YOU HAVE...

    ...A JOB, YA BIG BABIES!!!!

    I'd love to be paid for my Lunch, and Breaks when i work through them. Fact of life in this economy for the past few years, you have to give more then you will get for now. I'm sure they have a line of people just waiting for you to sign up on this, so they can have your job while you sue for back wages.

    If you're really that unhappy with your treatment? Then do what they do at Foxconn, and join the rash of Suicides connected to conditions where people are made to work virtually non-stop... Boo Hoo Boo Hoo.

    Grow up you little children.

  1. Flying Meat

    Fresh-Faced Recruit

    Joined: Jan 2007

    +13
    05/25, 12:38pm | report spam | Reply |

    And bring your children

    we could use the extra hands around here.

    But seriously. I don't know all the details, but this would "seem" to be a legitimate complaint as this is something covered under the law. You remember "the law", right? So in times of a troubled economy, it's okay for MegaCorp to break the law? Get some perspective ScottG.

  1. rudedog

    Fresh-Faced Recruit

    Joined: Jul 2009

    +9
    05/25, 12:43pm | report spam | Reply |

    You're suppose to be paid.....

    it does not matter if there's a line of people waiting for jobs, it's illegal to not pay someone for working their breaks and lunch (if their daily shift allows them based on the number of hours working that day/night). If they do work these then you have to pay them... it's the law.

    Then again Apple can do what ever they want, right? It's ok to break US labor laws because it's Steve Job's company and they can do no wrong.

    Current happy Apple customer, but still does not make it right......

  1. MacMan2000

    Fresh-Faced Recruit

    Joined: Aug 2008

    +4
    05/25, 01:01pm | report spam | Reply |

    breaks

    depending on what state you reside in, breaks are not "required" but given. lunch is required. but this all depends on the shift length and type. split shifts do not count not do those under 4 hours. i have personally worked for an employer that did one lunch and one 15 min break for 8 hrs. didnt mind one bit. also, on days like black friday where every sale counts, i would barely take a lunch in fear of loosing comission from the next big sale of commission. that was my choice, but i reaped the profits n the end. Now of they were that concerned about a break at the time, then they would have spoke up. I am not saying that every manager was or is innocent, but i am not sure this is a company wide event.

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +4
    05/25, 01:18pm | report spam | (1 reply) Reply |

    It All Comes Down to Being Reasonable

    My employees, when I had about 15 of them, all got breaks, lunches, etc. The large percentage were productive and terrific. There's always 1 or 2 out of a number like that who are unhappy but not unhappy enough to quit. Ambulance chasing lawyers love them.

    Unfortunately there are companies who are exploitative and these are the bad guys. The Bigger Bad Guys? These are the lawyers who are "exploiting" those with a beef and are looking for more complainers. Not many people are aware of this but these types of lawyers, when successful, get a large amount of $$$ for each person they bring into such a suit. I've read numbers like $70,000 each even when settled out of court. These lawyers get their money even if the plaintiff gets little or nothing and then hail a "victory" for the "little guy."

    Blaming Steve jobs for this kind of behavior is way over the top. The way Jobs gets blamed for everything people don't like about Apple make me wonder why they buy "his" products in the first place.

  1. Eldernorm

    Fresh-Faced Recruit

    Joined: Sep 2007

    +4
    05/25, 02:26pm | report spam | Reply |

    victims, lawsuits, and damn lawyers :-)

    "Then again Apple can do what ever they want, right?"

    See, there is this Apple hate. Now if Steve Jobs sends down a memo telling the store managers to be slave drivers, then fine. It came from the top.

    If each store has options and policies, then its the store manager who runs things.

    Just a thought here.
    en

  1. TRRosen

    Fresh-Faced Recruit

    Joined: May 2002

    +5
    05/25, 04:50pm | report spam | Reply |

    only the lawyers will get paid

    There's a reason these kinds of suits hardly ever get filed. At best they can get triple the actual amount lost (if they can prove malicious intent by Apple and not just obnoxious bosses). At best they get three years at 10 minutes a day so maybe a 2-3 grand minus 2-3 grand for the attorneys.

    Those attorneys suck too You can't go back to 2005 on a Fair Labor Standards complaint the limit is three years.

  1. driven

    Addicted to MacNN

    Joined: May 2001

    +3
    05/25, 10:48pm | report spam | Reply |

    Give me a break

    We are in a bad economy. I've now given up several weeks of vacation for the 3rd year in a row, without being paid for the extra time. I wouldn't dream of complaining because I am happy to have a job! When the economy improves if I get the same treatment I'm hitting the bricks, but to complain when you are one of the fortunate ones that has a job seems to not be appreciating want you have.

    Just my 2 cents.

  1. testudo

    Fresh-Faced Recruit

    Joined: Aug 2001

    +1
    05/26, 10:43am | report spam | Reply |

    blame


    If each store has options and policies, then its the store manager who runs things.


    But the company is responsible for all it's employees. It is how it works.

    Blaming Steve jobs for this kind of behavior is way over the top. The way Jobs gets blamed for everything people don't like about Apple make me wonder why they buy "his" products in the first place.

    If Steve is going to take all the credit for all the great things about Apple, he has to take the blame for the things that aren't great.

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