Apple Faces Wage and Hour Class Action Lawsuit by 20,000 Employees

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Apple Inc. is facing a wage and hour class action lawsuit filed by a recently certified Class of 20,000 retail and/or corporate Apple Inc. employees. The plaintiffs allege that Apple cut pay to its employees by forcing them to skip rest and meal periods, and did not adequately pay former employees in their final paychecks.

Judge Ronald S. Prager, who is presiding over the Apple wage and hour class action lawsuit, last week certified the large Class of current and former Apple employees.  Prager’s order has certified six distinct subclasses including: two meal break classes, one for retail and another for corporate employees, separate rest break subclasses  for retail and corporate employees, a waiting time penalty subclass, and, a wage statement subclass.

The original Apple wage and hour class action lawsuit was filed in December 2011 by Brandon Felczer and several other current and former Apple employees who alleged they were disallowed meal and rest breaks and were denied a final paycheck.

Lead plaintiff Felczer was employed by Apple from Sept. 9, 2010, to Nov. 23, 2011, during which time he alleges that he and other employees were forced to work five-hour shifts, or even longer, and were not allowed to take a meal break, a violation of California labor laws.

Additionally, Felczer also alleges that although he gave more than 72 hours notice when he eventually quit his job for Apple, his paycheck was delayed for two days. According to California labor laws, it should have been given immediately. After receiving his final paycheck late, Felczer alleges he was not compensated the waiting fees due to him. In some cases, other participating plaintiffs did not receive their final paychecks until a month after termination of employment.

This is not the first time Apple has been hit with wage and hour lawsuits. Last year, Apple was named in two separate wage and hour class action lawsuits filed by former retail employees.

Brandon Felczer and the Class are represented by Tyler J. Belong and Jeffrey L. Hogue of Hogue & Belong APC.

The Apple Wage and Hour Class Action Lawsuit is Felczer, et al. v. Apple Inc., et al., Case No. 37-2011-00102593-CU-OE-CTL, in the Superior Court of the State of California, County of San Diego.

California Labor Laws Concerning Meal Breaks and Overtime Pay

The Federal Labor Standards Act (FLSA) and California labor laws were established to ensure that employees received fair wages, and to protect them from potential exploitation and abuse by employers and corporations.

California labor laws have additional rules that strictly govern employee rest and meal periods. According to the California Division of Labor Standard Enforcement:

“(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.

(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.”

Apple Inc.  is not the only business facing lawsuits over alleged labor violations concerning meal and rest breaks, delayed final pay, wage and hour concerns, and/or unpaid overtime allegations. Many current and former California employees have filed lawsuits over alleged California labor law and FLSA violations.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. See if you qualify to take legal action now.