$1,652,560.00
Apple's annual profit is at least $5 billion, so that is considerably less than 0.1% of their annual profit (and maybe, per year less than 0.01%) AKA its utterly insignificant.
$1,652,560.00
Do these employees deduct time from their time sheets when they are talking with each other? When they are not actually doing work? I guarantee the time they spend doing nothing will cancel out, if not exceed the time they are crying over!
Apple's annual profit is at least $5 billion, so that is considerably less than 0.1% of their annual profit (and maybe, per year less than 0.01%) AKA its utterly insignificant.
Laws are made for Whiny People
Common Sense != Law
Laws are made for Whiny People
People With Common Sense < Stupid Whiny People
Now derive and solve for X.
If you read that and understood it... You need help.
I love math!!!
I'm expected to turn on all the computers and wash my hands before I start work. I could take my boss to the Tribunal but It wont work because its stupid.
If you seriously think turning on a computer is worth money you'd be shot down in a country where Common Sense = Law. AKA European countries.
This is why Im not too keen to work in America because people lack Common Sense. Yes I can be petty, its my future career.
Laws can be misguided to suit the defender or the attacker...
And people are always interested who the next idiot to sue Apple , Google or Microsoft is. You just happened to of used fancy words.
If this issue were only about money though.. this would be over already I'm thinking.
This is about the laws of CA and employee rights... and money!
It's about money. It's disgruntled employees with no work ethic looking for a handout.
I'm no fan of giant corporations, but this is the definition of frivolous.
Disclaimer: I am not a lawyer or judge .. or even an expert in general law.
I'm just reading what these documents seem to say and sharing it; and getting general discussion on "How can large corporations like Apple in CA get away with this types of thing? How and why? When they can easily avoid them.
Boy, isn't this the truth. I am a lawyer, and the Rev probably will want to go back to law school before attempting to reach a number of the legal conclusions expressed in this thread.
A few points:
1. The granting of a class action certification simply means that there is a commonality of alleged facts and law between the class representative's claim and that of the class members. It is not surprising this was motion was granted, as there does not appear to much dispute regarding the alleged facts, as it appears to have been a common practice. The grant of class certification expressly does not render any opinion on the merits of the matters alleged in the lawsuit. The number of class members has absolutely no bearing on the merits of the lawsuit either. Most class certifications are actually drafted so that the member of the class are parties to the lawsuit automatically once class certification is granted, and that the putative class members have to take affirmative action to opt out of the litigation.
2. In California in particular, wage and hour laws have become so utterly complicated and convoluted, that it takes an expert in the area to guide management as to what they can and can't do regarding issues like this issue. What is allowed and prohibited changes every time our friends in Sacramento decide to tinker with the laws. If the practice is not expressly prohibited, it may be in management's best interests financially to defend a test case. This is particularly true if there are significant cost savings to be had due to the practice. We shall see what the end result will be.
3. Unless you are a client or class member, none of you is going to get ahold of any of the lawyers in this case to discuss litigation involving your favorite company (or the Rev's apparent nemesis). Time is money boys and girls.
4. The free speech guarantees in the State and Federal Constitutions only apply to actions by the government, not corporate entities. If you sign a legal, nondisclosure agreement, that is a private matter between you and your employer. No govermnmental action is involved and no "free speech guarantee" exists. If you don't like your job or the conditions being imposed upon you, quit. There is no indentured serrvitude in this country (any more).
5. The Rev apparently does not much experience with class action litigation. The class action lawsuit was specifically designed to allow a number of individual claimants with factually similar, SMALL DOLLAR AMOUNT claims, to have a representative(s) prove up the case in order to avoid the expense of each individual claimant having to prove up his/her individual claims, one at a time. If you are looking for a big dollar payday from this litigation (assuming it is successful) guess again. As several posters have pointed out, the first things paid are: court costs, legal fees (often in the millions of dollars), payment to the class representative(s), administrative costs (such as giving written notice to thousands or hundreds of thousands of class members, and finally, our class members, who often are left with MUCH less in pocket than had they pursued their own suit.......
6. In California, wage and hour claims are most often brought on behalf of the employee by the California Labor Board, at no cost to the employee. Why is this huge claim not being pursued by the Labor Board instead of private attorneys? Either: (i) the Board determined there was no cause to prosecute, leaving the employees free to pursue private litigation; or (ii) the class action lawyers and representatives convinced the Board not to act, ensuring they got most of the recovery (if there is one).
I am not a fan of the class action process because I believe it has been perverted from a useful legal tool into a cash cow for class action lawyers. I have no opinion regarding the legality of the practice, It sounds like a law school examination question that is designed so that you have a set of facts and laws that lend themselves to good arguments in either direction. Compaired with the other "headline news" lawsuits Apple faces every day, this is probably pretty small potatoes.
And no, the District Attorney and State Attorney General are not going to swoop in and save our brothers slaving away at their terminals. It is a civil matter that will, at the end of the day, only enrich the lawyers......
Except that poor man actually worked for Foxconn and not Apple.Look at the fear in the mind of that poor man who recently committed suicide in China, when he lost a prototype iphone. Apple acknowledged that he was one of their employees.. not just a 3rd party sub-contractor.
http://news.bbc.co.uk/2/hi/asia-pacific/8162325.stm
Yeah you right,, Foxconn, one of Apple's largest manufacturers.
And the man working for Foxconn.
The man was Chinese and the company Taiwanese , Not Chinese.
Still Apple is working with a company that, "According to a BBC correspondent in Beijing, Chris Hogg, Foxconn has faced allegations in the past that it treats its employees poorly."
So why is Apple working with this company and ignoring what it does?
"Sun's former classmates have told Chinese newspapers that during the firm's investigation he was beaten, his house was searched and he was locked up alone in a room."
And what did Apple do... pretty much nothing.... no reports about the company doing anything at all beside doing an investigation.
This is just another example of Apple . like many other large US companies just looking the other way so they can make a profit.
here's another article about that.
http://digital.venturebeat.com/2009...-chinese-worker-investigated-commits-suicide/
do these employees work 100% of the time they are on the clock?
Ok you said " Why do you think you should get paid for turning on your computer? I don't get paid for that. "
-----Dang they screwing you dude! So sad for you.
-----Well you should get paid if it's a job duty.
You said , "I am expected to be ready to operate 100% before I clock in, that includes booting my system, washing my hands, etc."
-----AH ha.. then you claim that WORK is expected of you before YOU begin to get paid.
-----How do you figure thats lawful. Work is work.. Pay is pay.
------Apple holds their service tech on the phone to the second.. that right no to the minute but to the second. each all most be under so many minutes and seconds or they are threatened with loss of job if they do not find a way to keep the calls under the times that are set by Apple.
-----So if a company holds it's employees to the second for every call they take.. then the State of california can hold the company to the minute for paying them... and perhaps even the second.
If any US company wants you to work before you get paid.. they are breaking US labor laws, besides California State labor laws.
Apple should have had a policy that stated that the first 5 minutes of work was for powering on your computer and doing whatever it too to be ready to take calls.. But they didn't have these policies till after this case started.
Oh, but not working while the clock is still running is okay? FAIL!The point is,, working before the clock starts is wrong.. period.
-----Dang they screwing you dude! So sad for you.
You have got to be kidding right? Tell me .. who works 100% of the time.. that is NOT the point at all...
The point is,, working before the clock starts is wrong.. period.