Class Action Lawsuit Against Apple Inc for Overtime Pay

Earlier this month, David Walsh filed a class action lawsuit in U.S. District Court in California against Apple for allegedly violating labor laws. The Company’s former senior network engineer alleges that Apple wrongfully exempted engineers and network support staff from protections enacted by the Federal Fair Labor Standards Act (FLSA).

Walsh claims that Apple employees were required to work more than 40 hours a week without being compensated for their overtime pay - in violation of state overtime laws.

“PLAINTIFF brings this action on behalf of a California Class of all employees of DEFENDANTS in California who were, are, or will be employed as Network Support Staff Members… who performed work in excess of eight (8) hours in one day and/or forty (40) hours in one week and/or hours on the seventh (7th) consecutive day of a workweek and did not receive overtime compensation as required by California Labor Code Section 510 and Wage Order 15-2001,” - reads  David Walsh vs Apple Inc filing dated August 4th, 2008.

Walsh alleges six different counts of labor violations over a period of 12 years and is seeking compensatory damages, restitution of one hour of pay for each workday without a meal period and an award of liquidated damages, statutory damages and legal costs. Since a lengthy court battle could be very expensive for Apple, it is likely that the Cupertino-based company will settle this case out of court. Similar lawsuit against Rite Aid ended with a $25 million settlement.