Los Angeles, CA: Apple Inc, is facing a potential unpaid overtime class action filed by an employee on behalf of specialists and managers who work for the tech giant. The lawsuit alleges Apples did not pay overtime wages for extensive time spent clocking in and performing other off-the-clock duties.
Taylor Kalin, who brought the lawsuit, worked for Apple from September 2010 to November 2012 as a full-time nonexempt specialist in Spokane, WA, and San Francisco, CA. In the lawsuit he alleges Apple unfairly and illegally deprived himself and other workers of pay they are entitled under California federal law. According to the lawsuit, Kalin alleges Apple must pay overtime to employees who are burdened by clock-in lines that last up to 30 minutes, who must undergo securities screenings, and who are required to check devices in and out of the store.
Eligible class members include, but are not limited to all nonexempt Apple specialists, lead specialists and expert specialists, as well as nonexempt managers, senior managers, developmental managers and business managers, according to the putative class action.
According to the lawsuit, an Apple specialist' duties include customer support relating to retail sales of Apple products and accessories, while a manager' duties include overseeing the specialists and tending to customer-related needs. Both groups of employees are nonexempt hourly workers who are entitled to overtime compensation.
Kalin seeks an order certifying the proposed class; compensatory, liquidated and statutory damages according to proof; civil penalties; restitution; injunctive relief; and costs and attorneys' fees. The case is Taylor Kalin v. Apple Inc., case number 3:13-cv-04727, in the U.S. District Court for the Northern District of California.
Kalin is represented by Lonnie C. Blanchard III and Jeffrey D. Holmes of The Blanchard Law Group APC and by Peter R. Dion-Kindem of The Dion-Kindem Law Firm.
