Lieff Cabraser Heimann & Bernstein, LLP, Stiegler Law Firm LLC, and Robert B. Landry III have filed a federal lawsuit on behalf of Apple Solutions Consultants nationwide against Apple, Inc. alleging that the company denies them earned overtime and further fails to include all statutorily required forms of compensation.
The complaint details the plaintiffs Apple Solutions Consultants’ allegations that Apple engaged in the unlawful practice of denying them earned overtime by requiring them to begin their workday at home via online videoconferencing then, after these videoconferences were complete, required them to clock out, then travel to their next job assignment without being paid for that time, in violation of the law.
The complaint further alleges that Apple failed to pay the Apple Solutions Consultants for all hours worked, and also failed to include other legally mandated forms of compensation related to the calculation of the proper overtime rates. As alleged, these practices violate the Fair Labor Standards Act and its implementing regulations.
“This is a cut-and-dried failure to pay lawful and adequate compensation,” Lieff Cabraser partner Daniel Hutchinson, who represents the employees in the lawsuit, says in a press release. “Apple Solutions Consultants were required to work forty-plus hour work weeks, as well as to travel as part of that work, without the compensation specifically provided for by employee protection laws.”
Apple Solutions Consultants promote the sales of Apple solutions and products in the Apple section of retail store locations throughout the U.S. They’re paid on an hourly basis, and regularly work 40or more hours per week. However, according to the complaint, they weren’t paid overtime for all hours worked over 40 in a workweek and, when they were paid overtime, they weren’t paid at the correct and legally mandated compensation rate.