Apple Hit With Overtime Suit

[OhioChick]

Source: InformationWeek

Computer maker broke law by failing to pay additional compensation to employees who worked more than 40 hours per week, class action claims.

A former Apple employee has filed a class action lawsuit against Apple, complaining that the ultra hip computer maker forces its staffers to work long hours without overtime pay.

Kenyon Zahner says he routinely worked more than 40 hours per week at an Apple location in Florida but did not receive extra compensation required by state law for non-managerial employees.

"The defendant knowingly had the plaintiff work off the clock and did not pay the plaintiff overtime," Zahner's attorneys state in court papers filed Tuesday in U.S. District Court in Florida.

The allegations run counter to Apple's carefully cultivated image as a haven for open minded creative types. Apple's famous "Think Different" ad campaign once featured images of Indian spiritual leader Mahatma Gandhi, while a current campaign portrays the company as the cool alternative to Microsoft (NSDQ: MSFT).

Apple has yet to file a formal response in the case.


Read more: http://www.informationweek.com/news/global-cio/legal/showArticle.jhtml?articleID=219100266

[berni_mccoy]

1. One bad manager and evil company does not make.

I'd wager Apple does the right thing here.

[WriteDown]

3. Yep....

Just like Walmart.

[Starfighter]

4. Apple has a history

with labor laws.

iPod maker admits breaking Chinese labor laws; says Apple approved sweatshop labor

http://www.theinquirer.net/inquirer/news/1046612/ipod-maker-admits-breaking-chinese-labour-laws

[Cessna Invesco Palin]

17. Describing Foxconn as an "iPod maker" is a little disingenuous.

Foxconn produces products for most of the major American consumer electronics and mobo manufacturers. You could just as easily single out Intel or Motorola, as they amongst many others use Foxconn.

[meegbear]

6. Yep....

Just like Microsoft.

[madmom]

2. Ok all you Walmart haters...what say you?

[fascisthunter]

10. I'd take Apple over Walmart any day

not even a close comparison.

[WriteDown]

13. Exploding ipods, guys dying for corporate secrets, OT not

being paid. Sounds like a great corporation. :eyes:

[LanternWaste]

18. imagine that it depends on whether it's an aberration or typical.

"Sounds like a great corporation..."

I imagine that it depends on whether the allegations are an aberration or typical. Seems everyone knows just enough to validate their own opinions, and little more than that...

[swaroop]

30. agree

[ihavenobias]

14. Are there Walmart lovers here? n/t

[madmom]

22. Not really a walmart "lover". I just know people here love to hate walmart no matter what. I

used to work there had no problems, in fact it was probably one of the best places I've worked. When other companies are pointed out to have the same problems as walmart people will make excuses for them. To me they are ALL crooked and only out for their own self interest, so singling out walmart is not really what we should be doing. We should be exposing ALL of them including our favorites.

[ihavenobias]

23. Well, Walmart does it on a larger scale.

That's largely why people hate it more than small companies that do some of the same things. Walmart has much more power and influence and affects the most people.

Sure, the bank robber who steals a few grand is bad, but he doesn't done Bernie Madoff style damage, i.e. the bank robber is a small fish. No one is happy with ANY of them, but some pose a bigger threat.

[madmom]

24. So it's ok if you only hurt people a little bit then. I see hmmm, right!

[ihavenobias]

25. Of course not.

We both know that's not at all what I meant.

:)

[Zhade]

21. Uh, two wrongs don't make a right? Even a five-year-old could answer your question.

NT!

[8 track mind]

5. this is why we need the employee free choice act.... n/t

[AndyTiedye]

7. The Entire Computer Industry Has Been Running on Our Free Overtime For Decades

This isn't specific to Apple or Microsoft or Cisco. It is industry-wide.

[daggahead]

8. You got that right!

And it isn't only IT. It is companies whose employees work with IT on internal projects, too.

[OhioChick]

11. True. n/t

[Xithras]

19. IT, in general, tends to be a very project deadline oriented field.

I've held jobs where cots in the cubicle were standard equipment, and I've NEVER held a programming job that could be described as a "normal 8-5, Monday-Friday, 40 hours a week" position. It's not quite the same as it was 10 years ago, but the problem is still severe.

Part of the problem is that IT tends to be an incredibly competetive field, and there are lots of IT workers who enjoy working longer days. If you're working 8 hour days while your cube-mates are working 12, it's going to look REALLY bad when your code review comes up and your manager asks why you're putting out 1/3rd less work than everyone else in the office. There's also an enormous amount of peer pressure at play not only from management, but from your co-workers. I've been in plenty of offices where staffers were allowed to leave after 8 hours, but doing so would quickly earn you the reputation of being a lazy slacker among your office mates. It's not a pleasant situation.

This is largely the same reason why unions have had such crummy luck trying to get into the IT sector. IT is a high pressure field where workers are more likely to see their co-workers as competitors than compatriots.

[swaroop]

29. IT people always run out of time on projects n/t

[onehandle]

9. If the manager of the one store involved is guilty, I hope they can his ass. nt

[fascisthunter]

12. That's what happens when Apple does well

the negative stories come out in droves. Shame on Apple for this, but wow, has there been a conspicous uptick in negativity targeting Apple.

[Fearless]

15. But... but... but... They must be mistaken!!

:rofl:

[fascisthunter]

16. you mean like that cop, Crowley?

[Fearless]

20. No I mean like a multi-national corporation that CLEARLY doesn't look out for itself.

:rofl:

[fascisthunter]

26. Oh... so you agree with their actions... is that how you rationalize this behavior

you should make up your mind, you almost appeared to disapprove of Apple's actions. Sorry, I guess I was mistaken.

[Fearless]

27. I'd love to see where you got that from.

[swaroop]

28. It is sad reality in high tech. n/t

[swaroop]

31. U.S. Citizenship and Immigration Services investigate H-1B fraud

http://endh1b.com/Web/blogs/endh1b/archive/2009/08/06/u-s-citizenship-and-immigration-services-investigate-h-1b-fraud.aspx

[swaroop]

32. Petitions for U.S. worker green cards plunge

The number of petitions from employers trying to bring foreigners to work permanently in the United States has declined dramatically over the last two years, an Associated Press review of government data has found.

With the nation facing a deep recession and high unemployment, the government has received about half the number of employer-sponsored applications for work-based green cards in fiscal years 2008 and 2009 than it did in each of the previous years. There were almost 235,000 applications submitted in fiscal 2007, almost 104,000 the following year, and fewer than 36,000 through the first eight months of fiscal 2009, according to data obtained by the AP.
http://endh1b.com/Web/blogs/endh1b/archive/2009/08/06/petitions-for-u-s-worker-green-cards-plunge.aspx