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Apple overtime class action lawsuit overview:
- Who: Francis Costa filed a class action lawsuit against Apple Inc.
- Why: Costa claims Apple is violating the Fair Labor Standards Act (FLSA) by allegedly failing to provide the correct overtime compensation to its non-exempt employees.
- Where: The class action lawsuit was filed in California federal court.
Apple violated the law by allegedly failing to include the value of vested restricted stock unit compensation in its non-exempt employees regular rates of pay to calculate overtime pay, a new class action lawsuit alleges.
Plaintiff Francis Costa claims Apple has a policy of awarding restricted stock units to its non-exempt employees, but not incorporating them into their regular rate of pay when they calculate their overtime pay.
“Restricted stock units compensation appear on Plaintiff’s payroll record. However, Plaintiff’s payroll records do not reflect that the value of the vested restricted stock units was included in Plaintiff’s overtime rate of pay,” the Apple class action states.
Costa argues Apple’s non-exempt employees are now entitled to receive “unpaid overtime compensation at the correct rate from Apple for all hours worked by them in excess of forty hours in a workweek.”
Apple ‘intentionally, willfully, and regularly’ violated the FLSA
Costa wants to represent a nationwide class of all current and former non-exempt Apple employees who work or worked for the company within the past three years and who were awarded restricted stock units that vested during that period.
Costa claims Apple is violating the Fair Labor Standards Act of 1938 (FLSA) by allegedly failing to provide its non-exempt employees with the “appropriate overtime compensation.”
“Apple has intentionally, willfully, and regularly engaged in a company-wide policy, pattern, or practice of violating the FLSA,” the Apple class action states.
Plaintiff is demanding a jury trial and requesting an award of declaratory relief along with an award of unpaid overtime wages and liquidated and statutory damages for himself and all class members.
In August, a California federal judge approved a $30 million class action settlement Apple reached to resolve claims it broke the law by allegedly requiring its workers to submit to off-the-clock security bag checks before and after their shifts.
Has your employer failed to provide you with the appropriate overtime pay? Let us know in the comments!
The plaintiff is represented by Daniel S. Brome and Michele R. Fisher of Nichols Kaster PLLP and Loren B. Donnell of Shavitz Law Group PA.
The Apple overtime class action lawsuit is Costa, et al. v. Apple Inc., Case No. 5:23-cv-01353, in the U.S. District Court for the Northern District of California.
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