One California Overtime Lawsuit Dismissed As Another Takes Off

San Francisco, CAA judge in a California overtime lawsuit has dismissed the plaintiffs’ claims against Apple Inc. The lawsuit alleged workers at Apple stores were denied overtime pay for time spent waiting in line for bag checks, and the ruling could have implications for other overtime lawsuits involving claims about security checks. Meanwhile, a lawsuit has been filed against Amazon Prime, alleging drivers were misclassified as independent contractors and denied the benefits that went along with being employees, including overtime pay.

The Apple lawsuit (Frlekin v. Apple, case number 3:13-cv-03451) involved employees of Apple Inc. who worked at Apple California retail stores from July 25, 2009, on. The employees alleged that time spent waiting for mandatory security bag checks prior to leaving the worksite - including for breaks and at the end of shifts - should have been paid for that time, which would have amounted to overtime for full-time employees.

In issuing his decision dismissing the lawsuit, US District Judge William Alsup noted that employees could have avoided a bag check simply by not bringing personal bags into the store. Apple, for its part, did not prohibit employees from bringing personal bags or Apple devices to the store, rather it gave employees the option of bringing them but then undergoing a security check to prevent theft, Judge Alsup found.

“Again, there is no dispute as to the genuine nature of our plaintffs’ freedom to choose to avoid searches,” Judge Alsup wrote. “It is undisputed that some employees did not bring bags to work and thereby did not have to be searched when they left the store.”

Around 12,400 Apple employees may have been part of the class-action suit, which involved Apple’s 52 California stores. According to Bloomberg (11/7/15), plaintiffs are now exploring their options, including a possible appeal.

As the Apple lawsuit was dismissed, another massive California class-action lawsuit is getting started. This lawsuit was filed against Amazon.com and alleges its Prime Now drivers were misclassified as independent contractors rather than employees and as such, the drivers claim they are owed overtime. According to reports, drivers say they were treated like employees by having to wear uniforms and work at scheduled times. But they say unlike employees they were not properly paid overtime and were sometimes scheduled to work six or seven days a week. The lawsuit also alleges employees were not paid minimum wage when all costs are deducted.

The Amazon lawsuit is Truong v. Amazon.com, Inc., No. BC598993, in the Superior Court for the State of California, County of Los Angeles.