Apple, Inc.

No Company is Too Big to Play Fair.

On March 23, 2023, a former Apple, Inc (“Apple”) employee initiated a lawsuit alleging that the company failed to include all legally required compensation when calculating its hourly employees’ overtime rate of pay.

According to Complaint, Apple paid Plaintiff and others similarly situated on an hourly basis and provided them with other compensation in the form of restricted stock units (RSUs). The problem, the Complaint alleges, is that Apple failed to include the value of vested RSUs when calculating the employees’ overtime rate paid for overtime hours they worked. The Complaint asserts that this omission gave Apple the benefit of paying its hourly employees at a lower overtime rate of pay than the law requires.

The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act. The action seeks to recover unpaid overtime compensation and liquidated (double) damages for the workers impacted by Apple’s alleged miscalculation of the overtime rate of pay.

Plaintiff is represented by Michele R. Fisher from Nichols Kaster, PLLP in Minneapolis, Minnesota, Daniel S. Brome from Nichols Kaster, LLP in San Francisco, California, and Loren B. Donnell from Shavitz Law Group in Boca Raton, Florida.

This case is entitled Costa et al. v. Apple, Inc., Case No.: 5:23-cv-01353 (N.D. Cal.)

To join the case, click the button below.

Frequently Asked Questions

Q:How Do I Join This Case?

A:
To make a claim in this case, you must complete a consent form. This form will be filed with the Court. To complete and submit the form electronically, click here.
Q:Am I Eligible?

A:
You may be eligible to make a claim in this court case if you are hourly paid, worked overtime hours (hours over 40 in a workweek) for Apple anywhere in the country, received restricted stock units that vested during the past three years, and did not sign an agreement to arbitrate with Apple.
Q:Is This a Class Action? What Does that Mean?

A:
This case is a potential collective action under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other people who have similar claims. To proceed as a group, though, the Court must certify the collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motion at the appropriate time asking the Court to grant this certification.
Q:Which Locations Are Included?

A:
This case seeks to include all hourly employees who work or have worked for Apple anywhere in the country who received restricted stock units that vested within the past three years.
Q:What Time Frame Does This Case Cover?

A:
There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid wages within two years of the worker signing up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that the company willfully violated the law, the statute of limitations may be extended to three years.
Q:Do I Have to Pay Anything?

A:
You do not have to pay anything if you make a claim in this case. We are handling the case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
Q:How Do I Prove the Hours I Worked and How I Was Paid?

A:
We will seek records from Apple of your hours worked and overtime paid. Companies have a legal obligation to keep that information.
Q:What About Retaliation?

A:
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages.
Q:How Long Will This Case Take?

A:
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
Q:Is There Money Available Now?

A:
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
Q:How Can I Help?

A:
If you know anyone interested in making a claim for miscalculated overtime pay, they should contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately. You can also direct them here to sign up electronically. There is strength in numbers.
Q:How Do I Learn More?

A:
To learn more about this case, feel free to contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately.

Case Updates

November 28, 2023

Last week, the Court ordered Apple to provide contact information for tens of thousands of employees so we can send a court-ordered notice giving them the opportunity to join the case. If you were an hourly employee who received restricted stock units that vested at any time over the past three years, and you worked overtime hours during the period (hours over 40 in a workweek) you may be eligible to join by clicking here.

We are now engaged in a process called discovery. This is where the parties explore each other’s position about whether the overtime rate of pay should have included the value of vested restricted stock units.

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