$bbtitle
Apple Stock: 199.92 ( -0.59 )
RSS RSS Twitter Twitter
Search:
AppleInsider.com Archives News Bytes Reviews Anonymous Mailer Submit Story AppleInsider Forums Mac Prices Polls Advertise on AppleInsider Contact AppleInsider
Save up to $280 on new MacBook Pros and up to $165 on brand new iMacs with special coupons: Mac Pricing Guide updated Nov 20th (Find the best prices on Macs).
Friday, August 8, 2008

Apple accused of dodging fair pay in class action lawsuit

By Katie Marsal

Published: 08:00 AM EST

Often said to work its employees to the bone, Apple is now the subject of a class action lawsuit that claims it deliberately misclassified technicians to avoid paying for overtime and supplying fair working hours.

Filed early this week by former Apple network engineer David Walsh in a San Diego court, the 40-page suit claims that Apple knowingly violated California's Labor Code and Industrial Welfare Commission requirements by "systematically" misclassifying Walsh and fellow technicians as management.

The simple creation of a management-like title for workers such as Walsh lets Apple call on them as much as it likes without having to pay overtime rates, according to the complaint, even though the actual roles consist of nothing more than installing and maintaining networks. Walsh during his 12-year tenure not only had no authority over where he could go but explicitly had to receive permission from the true executives and site staff.

Apple has allegedly created hundreds of seemingly unique positions that are actually subtle variants on the same role, making it difficult for employees to take action and demand better pay or working conditions. Those with purportedly advanced titles have ultimately done the same work as those with more ordinary positions.

"One such example is placing the descriptor 'Senior' before the title 'Network Engineer,' when in fact all such Network Engineers perform the same work," Walsh's attorneys at Blumenthal & Nordrehaug claim.

The conditions themselves were especially rough, the complaint notes. While officially scheduled for eight hours of work per day, he would often be told to maintain the network "well into the night" and was on call at all times of the day, with many calls arriving after 11PM or on weekends. In many cases, Walsh not only had to avoid leisure that couldn't usually afford interruption, such as watching a movie, but in many cases had to put off essential tasks such as seeing a doctor or even having a meal.

Walsh, who is seeking class action status through his suit, wants Apple not only to properly classify network engineers but to pay compensation to those who missed out on overtime pay -- including the equivalent of two hours' pay for each full day of work where a technician wasn't given time for a meal.

Apple seldom comments on lawsuits in progress and has remained silent on Walsh's dispute.

Filed under : General 90 Comments ] 
Story topics: lawsuits   Print ] [ Story Link ] 


Download Parallels 5.0 Today
RSS
RSS
RSS
Mac Poker players can play Full Tilt Poker for Mac and get 100% to $600 free with bonus code MP600, courtesy of Online Poker Mac
AppleInsider Features
Hot Forum Topics

Recent Articles
Smoking may void Applecare warranty due to "health hazard"
Inside Google's Android and Apple's iPhone OS as software markets
Apple's App Store approval process gets partially automated
TomTom to release iPod touch-specific GPS car kit
China Unicom expects 10% of 3G users on iPhone in 3 years
Steve Jobs e-mails terse response to upset Apple developer
Hack re-enables Atom processor compatibility for Mac OS X 10.6.2
Microsoft shareholders grill CEO about Apple, iPhone
Google outlines Chrome OS plans for netbooks
Sony announces iTunes competitor for music, movies, books
Apple investigates space-age fitness tracking technology
Web search statistics show Bing stagnant, Google growing
New apps said to make iPod touch more prominent in Apple stores
Piper: Apple tablet no more than $700, launch timing irrelevant
Major publisher preps for Apple tablet as delay, OLED rumors surface
AT&T faces setback in legal battle over Verizon ads [u]
TomTom app updated to support iPod touch, first-gen iPhone
Oct. estimates suggest Apple will sell 2.9M Macs this quarter
Microsoft retail store gets odd viral marketing buzz
Rumored 'Google Phone' said to be coming in 2010
Evidence suggests Apple at work on Mac OS X 10.7
iPhone approved in South Korea; China Mobile talks continue
AT&T upgrades network as wireless traffic quadruples over past year
Apple store in upscale Greenwich, Conn., to open Saturday
Needham downgrades Apple stock on technicality
Verizon rumored to embrace Palm in 2010 to combat iPhone
Apple's iPhone App Store takes off in China
Belgian heist lands thousands of stolen Apple iPhones
Verizon responds to AT&T in court: 'The truth hurts'
Apple said to release iPhone app for in-store appointments
OnLive cloud gaming service demonstrated on Apple's iPhone
Apple tablet speculation: high-end graphics, several models
Microsoft looks to combat Apple globally with Zune content
Apple met with AdMob weeks before acquisition by Google
Apple earns key legal victory against Psystar
Apple looks to hire AAA game developer for in-house iPhone team
Apple's next-gen iPhone power amp; NASA chemical sensor app
Bill Gates praises Steve Jobs for saving Apple
AT&T responds to 'false and misleading' Verizon ads
Apple unveils browser-based iTunes Preview

AppleInsider Market Place

Sell your Laptop - working or not. Free shipping.: Get an instant online quote and sell your laptop today !

Believe in Office: Save Up To 25% on Office 2004 For Mac. Visit Our Site for Details!

IBackup - SMB Online Backup: IBackup is the preferred online storage and backup service of choice for SMBs for its ease of use, security and value. Offers automated backup and restore, file selection and securiy.

Download free software - everyday updated freeware files

 
Advertisements








AppleInsider RSS Feed
AppleInsider © 1997-2008
Please review our Privacy Policy.
Written/Edited/Compiled by the AppleInsider Staff.