The Complaint alleges that Apple failed to include the value of vested restricted stock units (RSUs) when calculating hourly employees’ overtime rates for overtime hours they worked.
MINNEAPOLIS, MN, March 29, 2023 /24-7PressRelease/ — 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.
One of the Plaintiff’s attorneys, Michele R. Fisher of Nichols Kaster, PLLP, explained, “the law generally requires that employers include all forms of renumeration when calculating the overtime rate of pay for their workers. While there are some exceptions, it is our position that Apple’s apparent failure to include the value of vested restricted stock units in the overtime rate of pay is a violation of wage and hour law. We believe this problem may impact many hourly employees across the country who worked overtime hours, and who, in addition to their hourly rate of pay, received restricted stock units.”
Apple is known for designing, manufacturing and marketing smartphones, personal computers, tablets, wearables and accessories, and sells a range of related services. The company’s products include iPhone, Mac, iPad, AirPods, Apple TV, Apple Watch, Beats products, HomePod, iPod touch and accessories.
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. The case is Costa et. al v. Apple, Inc., Case No.: 5:23-cv-01353 (N.D. Cal.).
Additional information about how to join the case may be found at appleovertime.com or by calling (877) 448-0492.
Nichols Kaster, PLLP, an employee, consumer, and civil rights firm has dedicated over 45 years to fighting for clients in individual and class action matters. With offices in Minneapolis, Minnesota and San Francisco, California, the firm is perfectly situated for the work it does representing plaintiffs in cases across the country. The firm has recently received a First Tier ranking on the 2023 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® “Best Law Firms.”
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