LegalNews

Details on the bag search lawsuit available on Apple’s website

Apple has reached a US$490 million tentative settlement to resolve allegations that in late 2018, the company misrepresented the state of the business in Greater China.

In November Apple offered to pay US$29.9 million to employees who claimed they were subjected to routine searches of their bags off the clock in a settlement proposal filed in federal court. Now details about the settlement are available on Apple’s website.

Last month the settlement was given provisional approval by a court. The judge said that the agreement wasn’t perfect, but is good enough to be allowed to proceed.\

The 2013 lawsuit alleges that Apple should pay employees for the time it takes to do security bag checks. These checks are done at the end of shifts and were designed to insure that employees were not taking merchandise from the retail outlets.

Apple won at the trial level in U.S. District Court for the Northern District of California, which said employees of the tech company chose to bring bags to work and thus subject themselves to the company’s search policy. On appeal, the U.S. Court of Appeals for the Ninth Circuit turned to the state court to interpret California law.

That court found that Apple violated California law when it failed to pay employees for time they spend waiting for mandatory bag and iPhone searches at the end of their shifts. Apple appealed and lost.

In March 2021, U.S. District Judge William Alsup said he was prepared to rule in favor of a class of 12,000 Apple retail workers in California who say they should have been paid for time spent in security screenings on liability, but that he would allow the tech giant to dispute individual claims on a case-by-case basis. He also granted a summary judgment to the plaintiffs.

Dennis Sellers
the authorDennis Sellers
Dennis Sellers is the editor/publisher of Apple World Today. He’s been an “Apple journalist” since 1995 (starting with the first big Apple news site, MacCentral). He loves to read, run, play sports, and watch movies.