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Apple must pay store employees for bag-search time, court rules
Apple must pay its retail store employees for the time they spend waiting for mandatory bag searches at the end of their shifts, the California Supreme Court ruled Thursday. The decision is retroactive, but it wasn't immediately clear how much Apple would have to pay.
The decision stems from a class-action lawsuit filed in 2013 by two former workers from Apple stores in New York and Los Angeles that claimed employees at physical locations were required to stand in lines up to 30 minutes long every day for store managers to check their bags to ensure they weren't smuggling home stolen goods. Failure to comply can lead to the employee's termination.
"Under the circumstances of this case and the realities of ordinary, 21st century life, we find farfetched and untenable Apple's claim that its bag-search policy can be justified as providing a benefit to its employees," Supreme Court Judge Tani Cantil-Sakauye wrote in the decision (PDF).
[...] "Given that Apple requires its employees to wear Apple-branded apparel while working but directs them to remove or cover up such attire while outside the Apple store, it is reasonable to assume that some employees will carry their work uniform or a change of clothes in a bag in order to comply with Apple's compulsory dress code policy," she wrote.
[...] "Apple may tailor its bag-search policy as narrowly or broadly as it desires and may minimize the time required for exit searches," Cantil-Sakauye wrote. "But it must compensate those employees to whom the policy applies for the time spent waiting for and undergoing these searches."
Apple didn't immediately respond to a request for comment.
(Score: 2) by Grishnakh on Saturday February 15 2020, @05:14PM (2 children)
Does Walmart actually do this somewhere? I've never seen this. Is it a regional or local thing? I'm not a big fan of the place, but I do go there sometimes, mainly because my local one has a RO water dispenser. I never see anyone checked at the door.
The only places I've ever seen this are Costco and Fry's Electronics. With Costco, it's part of your membership agreement; since it's a "private club", they can do this, and if you refuse they can revoke your membership. But they don't check bags, they just check your receipt, mainly to make sure you haven't been overcharged by the cashier. Fry's Electronics isn't like this though, and they have zero right to stop you, so (years ago when I lived near one and sometimes shopped there) I just went around them. I wouldn't even bother with that store any more; Amazon and other online shops are putting them out of business.
(Score: 2) by barbara hudson on Saturday February 15 2020, @06:04PM (1 child)
As for Costco, they are checking for theft, not that you're being overcharged. And you can still tell them to pound sand - even a private member club doesn't suspend your statutory rights, and if they cancel your membership, you have every right to sue for reinstatement, because they are a business selling to consumers, and all consumer laws still apply. Their membership is a "contract of adhesion" and as such they don't have the legal right to terminate your membership except for cause - and standing up for your legal rights is not a valid cause. So stand up for your rights and collect some punitive damages.
Though I've found Costco isn't worth it - the stuff they sell is often available at other stores for less.
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(Score: 1, Insightful) by Anonymous Coward on Sunday February 16 2020, @01:58AM
Just no. A contract of adhesion is one where one party does not have the ability to negotiate the terms, i.e. a "take it or leave it" situation. Nothing about that restricts your ability to voluntarily waive your right to not have security search your stuff and allow them to terminate it at will, especially when you explicitly, as opposed to implicitly, agree to them. Likewise, nothing in consumer laws requires them to sell you a membership either. Otherwise you would likewise be able to force private golf courses, restaurants, schools, etc. to let you use them too.