Former New York Employee Files Lawsuit Against Apple Over Manual Workers’ Allegedly Untimely Pay
Gollahon v. Apple Inc.
Filed: October 7, 2024 ◆§ 1:24-cv-07589
A class action claims Apple has unlawfully paid hourly manual workers in New York every two weeks instead of every week in violation of a labor law.
A proposed class action lawsuit claims Apple has unlawfully paid hourly manual workers in New York every two weeks instead of every week in violation of the state’s labor law.
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According to the nine-page lawsuit, the New York Labor Law requires employers to pay workers who spend a significant amount of time performing manual tasks within seven calendar days after the end of the week in which their wages were earned. However, the case shares that Apple’s policy is to pay hourly workers in manual labor positions—namely, those employed as specialists, technical specialists, pros, genius bar administrators, technical experts, geniuses, lead geniuses, operation experts, inventory specialists or operation leads—every 14 days instead of every week.
As such, the class action suit alleges that Apple has failed to provide these workers with timely wages in accordance with state law.
The complaint was filed by a New York resident who says he worked as an hourly employee at a New York City Apple location from May 2019 to December 2023. The plaintiff claims he worked in numerous positions that required him to spend more than 25 percent of his time doing physical labor, such as unloading pallets, unboxing and carrying products, organizing inventory, repairing and cleaning merchandise, reorganizing the sales floor and assisting customers.
The filing contends that the plaintiff and other similarly situated employees should have been paid by Apple every week rather than every 14 days. Instead, the suit argues, the employees were underpaid for the first seven days of each bi-weekly pay period.
The case charges that Apple’s conduct is unlawful, as the New York State Department of Labor has not authorized the company to pay workers every two weeks.
The Apple lawsuit looks to represent anyone who is or was employed by the defendant in New York at any time since October 7, 2018; who works or worked as a specialist, technical specialist, pro, genius bar administrator, technical expert, genius, lead genius, operation expert, inventory specialist, operation lead or under a similar title; and who is or was paid every 14 days.
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