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Class action could take huge bite out of Apple

by on
in Employment Law,Human Resources,Meeting Management,Office Management

On Aug. 4, a former employee filed a lawsuit against Apple Inc. for violations of the Fair Labor Standards Act (FLSA) and California law.

If the court certifies the case for class-action status, as the employee wants—watch out! This could turn into one of the costliest wage-and-hour suits ever.

David Walsh, who worked for Apple as a network engineer between 1995 and 2007, claims that the company “intentionally, knowingly, and willfully, on the basis of job title alone and without regard to the actual overall requirements of the job, systematically misclassified” network support staff members as exempt from overtime pay.

He also argues that the company failed to pay network support staff members (who work in home offices, data centers and retail stores) for on-call time. The suit alleges Apple violated the California Labor Code by failing to provide meal and rest breaks, failing to pay wages upon termination, failing to provide accurate and itemized wage statements and that it violated the state Business and Professions Code by engaging in unfair competition.

Walsh, who filed suit in the U.S. District Court for the Southern District of California, is seeking to proceed on behalf of all current and former network support staff employees who worked in California at any time since August 2004.

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