Late last week, a former Apple Inc. “Solutions Consultant” filed suit against his employer for violations of federal labor law. The collective action complaint accuses Apple of denying overtime pay to its Solutions Consultants by under-calculating their regular rate of pay and in turn, their overtime rate, and failing to pay them for time spent in transit between mandatory work activities.
The lawsuit explains that Apple, a California corporation also headquartered in the state, employs Solutions Consultants around the country to promote the sales of Apple software and products in retail stores such as Best Buy, where they act as liaisons.
For the last three years, Apple allegedly failed to calculate Solutions Consultants regular rate of pay, “thereby dramatically underpaying them for overtime worked,” the complaint says. It explains that workers were paid both hourly rates and commission payments. However, Apple’s practice failed to incorporate the latter into Solutions Consultants’ regular rate, though the law purportedly requires it.
Additionally, the suit faults Apple for not compensating the plaintiff and the other putative FLSA class members for time they spent commuting. Several times a week, the plaintiff’s manager required him to attend a videoconference at home prior to beginning work. Though he was on the clock during the meeting, the plaintiff was required to clock out thereafter on his way to his next job assignment, without being paid for time in transit in supposed violation of the FLSA.
The complaint notes that the practice was suspended during the pandemic, but resumed in 2021 when the work-from-home period ended. The lawsuit seeks payment of unpaid overtime wages, liquidated damages, litigation costs, expenses, and attorneys’ fees.
The plaintiff is represented by Lieff Cabraser Heimann & Bernstein LLP, Stiegler Law Firm LLC, and Robert B. Landy PLLC.
