Former Apple Employee Launches Class Action for Unpaid Overtime

Tallahassee, FLThe issue of overtime pay continues to be a frustration for both employer and employee. It remains hard for employers to budget for overtime—which affects their bottom line—while employees deserve to be paid for hours worked. Overtime laws and overtime rules govern the disputes that are inevitable.

Apple, one of the world's foremost manufacturers of personal communications devices, finds itself the target of yet another lawsuit after a former employee from Florida complained of being made to work more than 40 hours in a week without additional compensation for his efforts. InformationWeek reports that Kenyon Zahner has launched a class action lawsuit together with other Apple employees in Florida.

"The defendant knowingly had the plaintiff work off the clock and did not pay the plaintiff overtime," the filing reads, adding that Zahner is unable to determine the number of uncompensated hours. Apple is further accused of retaining documents and information regarding Zahner's employment record with the company.

Overtime laws and the various overtime rules dictate the circumstances as to when overtime is to be paid. Usually, overtime is owed after a non-salaried employee works more than eight hours in any given day, or 40 hours in any given week. There are various special rules applicable to certain industries where employees—or more specifically the work they perform—are classified as overtime exempt. More often than not the overtime exempt status is tied to a certain level of hourly, monthly or annual pay.

Some employers have been accused in the past of circumventing these rules by purposefully miss-classifying employees in a bid to avoid paying legitimate overtime, although there is no suggestion that this is an issue in this particular case.

Except for industries were overtime is expected and actually scheduled, it is difficult for an employer to budget for overtime. While overtime budgets are, indeed struck—employers can only base those budgets on trends, assumptions and various other forecasts. The real-world rollout of product and especially high-tech items and software that may take longer to develop than originally planned, can quickly decimate an overtime budget—which in turn impacts an employer's bottom line.

Employers will generally attempt any means within their power to reduce, or eliminate overtime. In the absence of legitimate means, some employers will bend the rules often at the expense of the employee.

Zahner, on behalf of the other plaintiffs in the class action case, is seeking unspecified damages to compensate for unpaid overtime. As of August 6th Apple had yet to respond to the allegations.