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 the Third Amended 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 employees allege, is that Apple failed to include the value of vested RSUs when calculating the employees’ overtime rate paid for overtime hours they worked. The employees assert 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 a collective action under the federal Fair Labor Standards Act and a putative class action under California and New York state laws. 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.
The Court authorized that notice be sent to over 47,000 eligible employees. The deadline to join is May 7, 2024. To join, click the button below.
Plaintiffs are represented by Michele R. Fisher and Kayla M. Kienzle 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.: 3:23-cv-01353 (N.D. Cal.)
Frequently Asked Questions
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Q:How Do I Join This Case?
A:
To make a claim in this case, you must complete a consent form by May 7, 2024.
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Q:Am I Eligible?
A:
You should have received the official judicial notice of this case if:
• You are a current or former employees of Apple, Inc. classified as non-exempt/overtime eligible
• You received restricted stock units (“RSUs”) at any time from March 23, 2020 to the present
• You recorded more than forty hours of work in a workweek after receiving an RSU but before the RSU vested
If you believe you are in this group and did not receive notice, please contact us at thoyer@nka.com or (612) 256-3275.
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Q:Is This a Class Action? What Does that Mean?
A:
This case is a collective action under federal law and a potential class action under California and New York state laws. Collective and class actions allow one or more people to sue on behalf of themselves and other people who have similar claims. In November, the Court granted our motion to allow this case to proceed as a collective action. As this case moves forward, we intend to file a similar motion asking the Court to grant class action certification for the state law claims.
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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.
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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 up to three years prior to their opting into the case. Plaintiffs have also alleged claims under California and New York state laws, for which the statutes of limitations are four years and six years, respectively.
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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.
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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.
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Q:What About Retaliation?
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It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages.
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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.
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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.
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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 to sign up electronically. There is strength in numbers.
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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.
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