Apple Inc. must compensate its employees in the stores in California for the time they spend on initial searches of their packages, bags and technology devices, a federal appeals court said on Wednesday, when it twisted a lower court decision and ruled in the plaintiff's favor. seven-year case.
The unanimous panel of three judges appeals to the court at the Ninth U.S. Circuit Court of Appeals in San Francisco based its decision on a decision in February by the California Supreme Court, which had been asked by the Board of Appeal to consider the matter, according to the Amanda Frlekin et al. v. Apple Inc.
Apple's policy is that all personal packages and bags must be inspected by a manager or security before leaving the story, according to the decision.
The plaintiff brought an action in the case in the United States District. Court in San Francisco in July 201
The decision applies to all employees who are not exempt from Apple California who were subject to bag policy from July 2019 and who voluntarily brought a bag to work "For personal convenience only."
The district court granted Apple a summary judgment dismissing the case in November 2015. Regarding the appellant's payment, the California Supreme Court said, "Apple's initial search is required as a matter of practice, occurs in the workplace, involves a significant degree of control, imposed primarily for Apple's benefit and enforced through threats of discipline. "
" The district had held the opposite in granting a summary judgment to Apple "and consequently erred, the Appeals Panel said when it overturned the lower court's decision.
The panel referred the case to the district court to “determine the remedy that would be given to individual class members.  The appellant's attorney, Brett R. Gallaway, a partner with McLaughlin & Stern LLP in New York, said in a statement: Apple did not respond to a request for comment.