“IT workers at Apple are subject to conditions resembling indentured servitude and, in violation of California state law, are denied required overtime pay and meal benefits, a lawsuit filed Monday against the computer maker alleges,” Paul McDougall reports for InformationWeek.
“David Walsh, who worked as a network engineer at Apple from 1995 until last year, was routinely forced to work more than 40 hours per week, missed meals, and often had to spend evenings and entire weekends on call without receiving an extra dollar of pay, according to the suit,” McDougall reports.
“Walsh’s attorneys contend that he, and other Apple IT workers, were purposefully misclassified as management by the company so it could avoid paying them overtime rates that California legally requires for nonmanagement personnel and also to avoid lawsuits,” McDougall reports.
“The attorneys are asking the judge to grant class status to all of Apple’s California IT workers, including those who are dispatched to perform support functions at Apple retail stores,” McDougall reports. “If successful, the suit could cost Apple big bucks. IBM was forced to shell out $65 million in 2006 to settle a similar case brought on behalf of 32,000 tech workers at the company.”
More in the full article here.
British Mac Head, before you get all amazed at $75K/yr, remember that this guy is in the Bay Area. $75K goes pretty fast up there.
What a bunch of cry babies. I have to work 40+ hours / work through lunch without overtime. With todays economy they should be happy they have a job.
@Christer
“this should be an extremely embarrassing black mark on Apple’s employment practices.”
BLACK mark? Why the hell does it always got to be a BLACK mark?
Why aint it ever a WHITE mark?
If I wasnt so banged up I would kick your cracker ass.
I smell a rat. Is this some class-action law firm that is just trolling for cases and plaintiffs?
Ah… Welcome to IT.
Spalding Smails: “I want a hamburger… no, a cheeseburger. I want a hot dog. I want a milkshake…”
Judge Smails: “You’ll get nothing, and like it.”
Anonymous©,
“I smell a rat.”
Yes you do. That is the special of the day at the Apple cafeteria. And that’s one of the more popular items. AND the bastards don’t provide A1 steak sauce. This guy has a legitimate complaint.
OH HOLY MOTHER OF GAWD !!!!!
The Old Spice ad has a naked guy! I’m gonna puke!
This is the work of Satan!
Damn the devil. Damn the devil to HELL !!!
All you guys talking about the 75k and up salaries dont have a clue how much it costs to live in the bay area. Married professionals cant even afford a starter home there — they have to rent. So its really not that great of a salary. Even state troopers make more starting out.
For those of you who:
1) Don’t know what you’re talking about
2) Haven’t been taken advantage of
You should sit back and learn before posting your BS.
California law changed ~4.5 years back to protect workers that were taken advantage of.
If you’re a white-collar manager making six-figgers, yes, you put in OT as your job requires.
When you’re a hard-working tech, and you don’t have the clout or pay of those managers, you should get paid for your work.
It’s very simple – the laws changed, and MANY companies – mine included – did not tell us to stop working OT, even though it was breaking the new law.
THAT is the problem.
These folks aren’t whiners.
They signed up for a gig with certain understandings.
The law changed, the company didn’t.
Apple were wrong, IMB were wrong, and so are a LOT of other companies.
They will have to settle as it’s pretty much cut and dried.
If you think it’s just “whiners” or “looking for a quick buck” you’re just wrong.
Think before you type™
Clearly, this opportunis, er, employee managed to get on Steve’s really, really badside?
How can anyone complain when you still have your money and your health? It isn’t like Steve turned up at the guy’s department and casually broke his legs for the sheer hell of it!
@ Andy, et.al.
Again.
It’s the law.
They broke (apparently) the law.
No arguing it “being fair” or “lazy” or whatever.
A very simple concept lost on MDN monkeys today.
@ Jimbo
I’m not sure I would have said “sexual harrasment” and “skirt the issue” in the same sentence, but for the most part… kudos.
Me In LA,
I really think you should disclose the fact that you are representing this guy. It’s the honest thing to do.
Calm down, Me. Just kidding.
@ Me in LA
It’s called taking advantage of a stupid system. A stupid law is still a stupid law. Laws like those exist so that people can exact random grievances against companies who give them salaries and other benefits.
The guy probably lived in a nice penthouse with a plasma TV and air conditioning, amongst other luxuries. IT workers aren’t exactly paid mere pennies, you know. He’s not being subjected to grievous bodily harm or forced smog inhalation at work, either, is he?
It boils down to this – don’t like the deal you have? Cope with it, or look for a place more suited to your tastes!
They are “at will” employees. If you don’t like it – quit. They were lucky to have jobs.
@SGB,
Thanks a lot for blowing my (Mr Ed) cover.
@ Andy,
It’s got nothing to do with his plasma, iPods, AC or lack thereof.
It’s not s stupid law.
It was created so companies can’t take advantage of these employees.
“Lucky to have jobs”?
You (and others) have to be kidding me?
Is it charity?
Does Steve make $1 a year really?
Hell no.
I am not a fan of lawsuits or unions, etc. but when companies record record profits and then try to cheat the laws and employees, it’s wrong.
Being paid well is nice.
I’m sure you earn your money – I do – but I’m not going to think it’s a handout.
All they had to do was to convert to hourly, and say any OT must be approved.
Simple.
As a former Apple employee let me clear some things up….
First of all, Apple does not pay well. Apple in many division expects the Apple logo on your business card to count as up to 20 percent of your compensation. Apple has not grown well, the emotionally charged culture rich employer that many people have imagined is gone. For example, Apple Retail hires managers from failing apparel chains who have never touched a computer and expects them to provide a decent customer experience. Kinda explains why the stores have become less and less relevant to Mac users over that last year. Apple has also used its size to bully employees. I was the victim of sexual harassment and retaliation for numerous months. I ended up getting let go for a reason that is illegal in my state. Apple had acknowledged the illegality of their practices but who is going to make it stop? I still love my Mac but Apple is slowing eroding into Walmart.
Me In LA,
I’m not quite sure how to interpret that.
@ SBG:
Mission Accomplished!
Me In LA,
Darn lawyers.
i’m glad all the experts on the subject are here to post their opinions.
@squid
Mostly just spurts.
GET A GRIP!!!!!! JUST BECAUSE THE SOCIALIST STATE OF CALIFORNIA WANTS TO FORCE THEIR POLITICS ON ALL THE PEOPLE THE TRUTH IS THAT YOU SHOULD ALWAYS MAKE YOURSELF WORTH MORE THAN YOUR PAID AND YOU’LL BE HIGH DEMAND. ECON 101… IF YOU PAY MORE THAN THE MARKET CONDITIONS FOR YOUR PAYROLL IT BECOMES INFLATIONARY ON THE PRODUCTS PRICE AND MAKES YOU LESS COMPETITIVE AND IF YOU SUBSIDIZE THE PRICE OF YOUR PRODUCT IT DEPRECIATES GREATER THAN IT WOULD WITHOUT A REBATE OR INCENTIVE. UNIONS HAD A PLACE WHEN THE GOVERNMENT WOULDN’T STEP UP TO TAKE CARE OF WORKERS SAFETY BUT TO USE IT AS A COLLECTIVE TO ALTER A BUSINESSES PROFITABILITY THE JOBS WILL GO BYE BYE. LOOK AT THE UNION AUTO INDUSTRY THAT COULD HAVE PUT THEIR BILLIONS IN R&D;, TOOLING,PRODUCTION AND DESIGN AND NOW HAVE TO PAY FOR RETIREMENT FUNDS THAT EMPLOYEES SHOULD HAVE PLANNED ON THEIR OWN. IT WILL TAKE A BANKRUPTCY TO BREAK THE CYCLE OF LOSSES AND START OVER.