The California Supreme Das The court joined yesterday's Apple Store officials in a ruling and found that unpaid mandatory pocket or iPhone searches at the end of the retail worker shift violated state law. The class action in question represents more than 12,000 workers employed in the company's retail stores from mid-2009.
Because Apple workers are not free to search before completing such searches – which can take between five and 20 minutes each – and the primary beneficiary of this policy is Apple itself. The court ruled unanimously in favor of the workers , Given the size of the class and the breadth of time, Apple is considering a potentially large sum to be spent on unpaid time – although it was not within the jurisdiction of the Supreme Court to rule on these details.
Apple tried a number of legal defenses to avert this scenario, including the claim that searches were actually in the best interests of the employees. The company also claimed that employees had the option of simply not getting a bag or iPhone to work. ( Taschen and iPhones are, as you may recall, two categories of products sold in each Apple Store.) The court saw Apple's moves according to [19459017“als„weithergeholtundunhaltbar“an] decision .
The court most strongly disagreed with the idea that workers should only leave their phones at home if they did not want to undergo unpaid searches. "The irony and inconsistency of Apple's reasoning must be noted," wrote Chief Justice Cantil-Sakauye. "The characterization of the iPhone as unnecessary for its own employees is in direct contradiction to its description of the iPhone as an" integrated and integral part "of everyone's life." This is roughly as close as courts tend to tell a multinational to go to hell.
This type of invasive and unpaid searches has been the subject of several similar lawsuits, the next analogue of which concerns Amazonian workers and has been surrounding the courts for a decade. It is currently on the to-do list of the Federal Court of Justice, which has not yet decided on it. And, like in this endless case, the struggle for these Apple workers is far from over, even with this clear push from California's highest court. Bloomberg Law states that this case is the reason for the ninth circuit for another round of exploratory work .