David Walsh, an individual, on behalf of himself, and on behalf of all persons similarly situated; David Kalua v. Apple Inc.
Published: Nov. 20, 2010 | Result Date: Jul. 23, 2010 | Filing Date: Jan. 1, 1900 |Case number: 5:08-cv-04918-JF Settlement – $990,000
Court
USDC Northern
Attorneys
Plaintiff
Kyle R. Nordrehaug
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)
Norman B. Blumenthal
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)
Defendant
Jessica R. Perry
(Orrick, Herrington & Sutcliffe LLP)
Facts
In August 2008, a class of network support personnel for Apple Inc. sued their employer alleging violations of the Fair Labor Standards Act and California Labor Code. The lead plaintiffs were network engineers David Walsh and David Kalua. The complaint alleged that Apple forced employees to work mandatory overtime, without paying overtime. The complaint further alleged that Apple failed to provide paid meal and rest breaks and final pay when due. Plaintiffs also claimed that Apple failed to provide accurate itemized statements for hours worked.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Apple deliberately misclassified its workers as exempt from overtime pay and that Apple created numerous job levels and titles to make it appear that hundreds of jobs were unique and classified as exempt. Plaintiffs further contended that Apple's network support jobs should be classified as non-exempt due to the nature of the job being repetitive, involving manual labor within a defined skill set, and adherence to strict protocol.
Damages
The class sought recovery of past wages due and penalties.
Result
The parties agreed to settle the matter for $990,000, inclusive of settlement awards, named plaintiffs' awards, fees, costs, and a PAGA payment.
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