Many months ago, many Apple employees filed a lawsuit based on the security measures in stores considered to be exaggerated. Apple employees are checked at the end of each shift in bags and clothes in an effort to prevent product theft, and at the end of the working days these checks last up to an hour for all employees.
Dissatisfied with the existence of these measures, the employees ask Apple to be compensated for the time lost during the checks. Although the process did not have a very high chance of persuading any judge to compel Apple to take such a measure from the very beginning, things became clear yesterday, at least for now.
Second, named plaintiffs Dean Pelle, Adam Kilker, and Brandon Fisher's individual claims under the FLSA, New York, Massachusetts, and Ohio state law are hereby DISMISSED WITH PREJUDICE. Both sides agree that these claims do not survive Busk (Dkt. Nos. 210, 211). This dismissal, of course, is only as to the named plaintiffs' individual claims since no class has been certified.
A decision of the Supreme Court of Justice from an American state given in a similar case involving Amazon won the cause of this company and it is now the basis of the decision made in the case of Apple. Based on the principle of res judicata, the judge decided that employees cannot receive compensation for the time lost during security checks because the job description does not include this.
Although the claims have now been dismissed, the employees' lawyers can redo it and resubmit it on January 6 to ask for a continuation of the process.
