California Supreme Court rules Apple stores must pay employees for bag searches.

observer

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Amazon warehouse workers will like this ruling...
I think it also reinforces Uber drivers.

The court has ruled that Apple should be paying for employees time until they clock out.

Uber should be paying for drivers time until they go off app. Not just time with a pax.
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“Apple’s exit searches are required as a practical matter, occur at the workplace, involve a significant degree of control, are imposed primarily for Apple’s benefit, and are enforced through threat of discipline,” Cantil-Sakauye wrote in the court’s opinion."
 
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tohunt4me

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I think it also reinforces Uber drivers.

The court has ruled that Amazon should be paying for employees time until they clock out.

Uber should be paying for drivers time until they go off app. Not just time with a pax.
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“Apple’s exit searches are required as a practical matter, occur at the workplace, involve a significant degree of control, are imposed primarily for Apple’s benefit, and are enforced through threat of discipline,” Cantil-Sakauye wrote in the court’s opinion."
I worked for 1 oil company
That was so cheap.
Supreme Court had to MAKE THEM PAY FOR FLYING TIME in the Helicopter !

So . . . when i did my Time Sheets. . . . i had to factor MINIMUM WAGE FOR FLYING TIME !

Every Other company pays all day for you sitting at Heliport waiting on a Flight !

They should be paying for searches.
It is Degrading.
It Eats into peoples PersonalTime !
 

tohunt4me

Well-Known Member
Degrading?
Didn't I witness you offering chicken 🐔 samples last week?


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The Consumers professor
Dont think so

( You are Hallucinating Again)
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Degrading?
Didn't I witness you offering chicken 🐔 samples last week?


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The Consumers of apple products.
They could always REDUCE THE BLOATED STOCK VALUE.

And hire Adults instead of 3rd world children to assemble products.

Bad when suicide net must be placed around Apple Dorm.

Satan Exists.
He EXPLOITS WORKERS.

( i Personally SHUN APPLE PHONES !)
 
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Wildgoose

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I see a problem with this. What if drivers purposely go to a dead area and turn on app. They get paid for having it on and never have to do a ride.
minimum hourly wages will be applied while app is ON. If driver denies when a ping came, Uber could shut off the app for the entire day. Who would do it then?
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Apple would issue uniforms without any pocket. And more metal detectors at the entrances/exits/rest room entrance. Problem solved.
 
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observer

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I see a problem with this. What if drivers purposely go to a dead area and turn on app. They get paid for having it on and never have to do a ride.
Uber has to monitor its workers better and fire those that don't work.

Just like I had to fire workers that hid in the bathrooms.
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After a while any good employer figures out which employees work and which ones don't.

Ones that don't, have to go.
 

Jon Stoppable

Well-Known Member
“Apple’s exit searches are required as a practical matter, occur at the workplace, involve a significant degree of control, are imposed primarily for Apple’s benefit, and are enforced through threat of discipline,” Cantil-Sakauye wrote in the court’s opinion."
None of that is particularly true of RS. Drivers log in when and where they feel like it, log out when and where they feel like it, are logging in primarily for their benefit, and don't have to accept pings while they are logged in and are under no threat of discipline for logging in or out or accepting pings or not.
 

observer

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minimum hourly wages will be applied while app is ON. If driver denies when a ping came, Uber could shut off the app for the entire day. Who would do it then?
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Apple would issue uniforms without any pocket. And more metal detectors at the entrances/exits/rest room entrance. Problem solved.
Apple could just prioritize checking bags and getting workers out the door faster.

No one would complain over a few seconds, the reason this became an issue is in some cases they were taking up to 45 minutes.

If they have an issue with theft they need to address the theft and strengthen their theft prevention procedures.
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None of that is particularly true of RS. Drivers log in when and where they feel like it, log out when and where they feel like it, are logging in primarily for their benefit, and don't have to accept pings while they are logged in and are under no threat of discipline for logging in or out or accepting pings or not.
True but once logged in they are directed and controlled by U/L. U/L finds the ride, figures out the fare, sends the ping to the driver, charges the pax then pays the driver.

U/L controls all aspects of the fare. The driver only controls when they log on and off.

I would venture to say all that benefits U/L just as much if not more than the driver.


Once logged in drivers have to wait on app for another assignment, they don't just log off so they should be paid for that time. They should be paid for the mileage and time to drive to the pick up not do it for free.

We don't really know how U/L algorithms work. Do drivers get penalized for not accepting pings? Do they get shorter runs? Do they wait longer than other drivers for not accepting pings? Do they get logged off the app for not accepting pings?

These are all situations that have been brought up on the forum.
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Choosing the hours you work or the amount of hours you work don't make you an independent contractor.

You could work five hours a week or a hundred hours a week and you would still be considered as an employee.
 
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Fuzzyelvis

Well-Known Member
How long does it take to do bag searches?
How is that relevant?

I used to work for a convenience store chain. When we changed shifts, we had to count the money in the register together. The incoming and outgoing employee. It took about 15 minutes. So So for a 5-day work week, it was an extra 1-2 hours or so depending If you were coming in early or leaving late to do the count.

We were always short employees. So it was usually overtime. Over a year that's about 60-80 hours of overtime.
There were thousands of workers. Before I went to work there this has been going on for years. They were sued. Had to pay all the employees and former employees for the overtime plus interest plus penalties. It was millions.

Labor law is very clear on this. It's one reason that if you work somewhere, they don't want you hanging around off the clock. Because if you help a customer and you're not clocked in they're still supposed to pay you for it. At least in Texas you have up to 2 years to go back and fight for your money.

They can fire you for working without being authorized but they still have to pay you for the time.

I'm amazed Apple even fought this. You simply can't require an employee to stay on the premises and not pay them.
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Apple could just prioritize checking bags and getting workers out the door faster.

No one would complain over a few seconds, the reason this became an issue is in some cases they were taking up to 45 minutes.

If they have an issue with theft they need to address the theft and strengthen their theft prevention procedures.
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True but once logged in they are directed and controlled by U/L. U/L finds the ride, figures out the fare, sends the ping to the driver, charges the pax then pays the driver.

U/L controls all aspects of the fare. The driver only controls when they log on and off.

I would venture to say all that benefits U/L just as much if not more than the driver.


Once logged in drivers have to wait on app for another assignment, they don't just log off so they should be paid for that time. They should be paid for the mileage and time to drive to the pick up not do it for free.

We don't really know how U/L algorithms work. Do drivers get penalized for not accepting pings? Do they get shorter runs? Do they wait longer than other drivers for not accepting pings? Do they get logged off the app for not accepting pings?

These are all situations that have been brought up on the forum.
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Choosing the hours you work or the amount of hours you work don't make you an independent contractor.

You could work five hours a week or a hundred hours a week and you would still be considered as an employee.
It doesn't matter how long it takes and I WOULD complain and file suit. Check the bags and THEN have them clock out. The time involved is not the LEGAL issue. Now you can round off minutes etc. if its consistent, but you can't say "clock out and HOPE this doesn't take long."
 
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observer

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How is that relevant?

I used to work for a convenience store chain. When we changed shifts, we had to count the money in the register together. The incoming and outgoing employee. It took about 15 minutes. So So for a 5-day work week, it was an extra 1-2 hours or so depending If you were coming in early or leaving late to do the count.

We were always short employees. So it was usually overtime. Over a year that's about 60-80 hours of overtime.
There were thousands of workers. Before I went to work there this has been going on for years. They were sued. Had to pay all the employees and former employees for the overtime plus interest plus penalties. It was millions.

Labor law is very clear on this. It's one reason that if you work somewhere, they don't want you hanging around off the clock. Because if you help a customer and you're not clocked in they're still supposed to pay you for it. At least in Texas you have up to 2 years to go back and fight for your money.

They can fire you for working without being authorized but they still have to pay you for the time.

I'm amazed Apple even fought this. You simply can't require an employee to stay on the premises and not pay them.
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It doesn't matter how long it takes and I WOULD complain and file suit. Check the bags and THEN have them clock out. The time involved is not the LEGAL issue. Now you can round off minutes etc. if its consistent, but you can't say "clock out and HOPE this doesn't take long."
Three years back in California.

Employees have to get paid for the time to change in and out of uniform.

If an employee gets hurt while on the premises they get workers comp even if clocked out.

I think that Apple thought they could win this one because Amazon won a case similar to this back east.

Apple will probably appeal to SCOTUS.
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Actually, it looks like Amazon already lost a SCOTUS appeal.

 

Mkang14

Member
minimum hourly wages will be applied while app is ON. If driver denies when a ping came, Uber could shut off the app for the entire day. Who would do it then?
I have sat at home with the app turned on for a couple of hours and received zero pings. I live on the outskirts of bay area. I would love to get paid minimum wage for clicking "go," while I work out, cook, relax. No problem with me. I can do that for 12 hours sat and sun and put no miles on my car 👍.
 
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