SAN JOSE, Calif.–(BUSINESS WIRE)–On July 1, 2022, Lieff Cabraser Heimann & Bernstein, LLP, Stiegler Law Firm LLC and Robert B. Landry III PLC filed a federal lawsuit on behalf of Apple Solutions Consultants nationwide against Apple, Inc. ., alleging that the company denies they earned overtime and further fails to include all forms of compensation required by law in determining the regular overtime rate in violation of 29 USC § 201, and following. (the Fair Labor Standards Act, or “FLSA”).
The complaint details allegations by plaintiffs Apple Solutions Consultants that Apple engaged in the unlawful practice of denying them overtime by requiring them to start their workday from home via an online video conference and then, once those video conferences were over, asked them to clock in and then go to their next assignment without being paid for that time, in violation of the law. The complaint further alleges that Apple failed to pay the Apple Solution Consultants for all hours worked, nor did it include other forms of legally mandated compensation related to the calculation of appropriate overtime rates. As alleged, these practices violate the Fair Labor Standards Act (“FLSA”), 29 USC § 201, et seq., and its regulations.
“This is an outright failure to pay legal and adequate compensation,” notes Daniel Hutchinson, a partner at Lieff Cabraser, who is representing the employees in the lawsuit. “Apple solutions consultants were required to work more than forty hours per week, as well as travel as part of that work, without compensation specifically provided for under employee protection laws.”
Apple Solution Consultants promote sales of Apple solutions and products in the Apple section of retail stores across the United States. These consultants are paid on an hourly basis and regularly work forty hours or more per week. However, as the complaint points out, they were not paid overtime for all hours worked in excess of forty in a work week and, when paid overtime, they did not were not compensated at the correct and legally mandated rate of pay.
The Collective is defined in the Complaint as:
All hourly employees of Apple, Inc. holding the job title of Solutions Consultant who have worked in the three years preceding the date of filing of the complaint.
“Our clients’ clear rights to overtime pay as employees have been ignored, and this lawsuit seeks to redress these breaches and get them the rightfully deserved compensation they deserve for their time and effort at work. name of Apple,” notes Charles J, a partner at the Stiegler law firm. Stiegler, who is also representing plaintiffs in the lawsuit.
Due to statutes of limitations that may severely restrict employees’ legal rights, Apple Solutions Consultants who have worked for Apple Inc. at any time during the past three years are urged to immediately contact plaintiffs’ counsel in this new lawsuit for more information about protecting their rights as well as possible redress for any applicable labor law violations by Apple.
The action was filed in the United States District Court for the Northern District of California and is being brought as a class action under the FLSA to recover unpaid overtime pay, damages, legal penalties, other damages and fees and costs.