Does your firm pay for overtime? Apple doesn't
By
siliconindia news bureau
Bangalore: There may be instances when you may have to work overtime to meet your company's deadlines. While some companies pay for this extra effort, others like Apple don't, as alleged by one of its former employees. The employee has filed a class action lawsuit against Apple, complaining that the Mac maker forces its employees to work long hours without overtime pay, reports the Information Week.

The employee, Kenyon Zahner said that he usually worked for more than 40 hours per week at an Apple location in Florida. But, he alleged that the company did not pay him extra, which is required as per the state law for non-managerial employees. Zahner's attorneys in the legal documents filed in the U.S. District Court in Florida stated that "The defendant knowingly had the plaintiff work off the clock and did not pay the plaintiff overtime." Apple is yet to file a formal response in this case.
The lawsuit does not specify Zahner's designation at Apple and it is also unclear if he worked at a corporate office or at an Apple Store retail outlet. It also provides little background information about Zahner. Internet records list a Mac technician named Kenyon Zahner, who now appears to be a resident of Costa Rica.
Zahner's attorneys claim that they are still not sure about the number of extra hours that he needs to be compensated for, because his employment records are still with Apple. They're seeking unspecified damages on behalf of Zahner and other Apple employees in Florida who were allegedly cheated out of overtime pay.
These lawsuits can make technology companies shell out huge amount of cash to compensate the employee. In the previous instances, technology giant IBM had to dole out $65 million in 2006 for similar claims. In 2005, Outsourcer Computer Sciences paid $24 million to settle the litigation.
While in the U.S., most of the employees can claim compensation for overtime work under the Federal Law, in India the law lies in the hands of the employer as per Section 14 of the Minimum Wages Act, 1948. Are Indian employees ready to work overtime without the extra pay?

The employee, Kenyon Zahner said that he usually worked for more than 40 hours per week at an Apple location in Florida. But, he alleged that the company did not pay him extra, which is required as per the state law for non-managerial employees. Zahner's attorneys in the legal documents filed in the U.S. District Court in Florida stated that "The defendant knowingly had the plaintiff work off the clock and did not pay the plaintiff overtime." Apple is yet to file a formal response in this case.
The lawsuit does not specify Zahner's designation at Apple and it is also unclear if he worked at a corporate office or at an Apple Store retail outlet. It also provides little background information about Zahner. Internet records list a Mac technician named Kenyon Zahner, who now appears to be a resident of Costa Rica.
Zahner's attorneys claim that they are still not sure about the number of extra hours that he needs to be compensated for, because his employment records are still with Apple. They're seeking unspecified damages on behalf of Zahner and other Apple employees in Florida who were allegedly cheated out of overtime pay.
These lawsuits can make technology companies shell out huge amount of cash to compensate the employee. In the previous instances, technology giant IBM had to dole out $65 million in 2006 for similar claims. In 2005, Outsourcer Computer Sciences paid $24 million to settle the litigation.
While in the U.S., most of the employees can claim compensation for overtime work under the Federal Law, in India the law lies in the hands of the employer as per Section 14 of the Minimum Wages Act, 1948. Are Indian employees ready to work overtime without the extra pay?
Reader's comments(10)
1: I am sure getting paid for extra hours in
India is not as easy as it sounds.....
Posted by: Sujal - 18 Aug, 2009
3: Our company is not even paying salaries on
time so there is no chance to get overtime at
all
Posted by: Prathiba - 12 Aug, 2009
4: this is really not expected of apple....after
all its a reputed company and not running to
get rid of depression as far as i think
Posted by: namit nayan - 10 Aug, 2009
5: nobady pays for over time in this recession
it is better to do some job or else to earn
money you want to do someing cal me 98443
73944 blore
Posted by: ram - 10 Aug, 2009
6: It's sad that there is no such law in India.
Though many of us work 12-18 hours a day in
office and sometimes the rest of the work
from home, we are not paid for it. Some
contracts do say that the "so and so job may
require round the clock availability of the
employee" etc these kind of clauses does us
in.
Posted by: Chikita - 09 Aug, 2009

7:Yes, India must have such law. Indian
companies are making huge profits by
exploiting the talented manpower under
pressure, escpecially software companies. The
deadlines are too short to complete a job and
to retain our job we have to do work at home
also.
And the worst part is that we can't even claim to be paid for that extra work due to absence of such a law.
I think we should start a blog together and offer other such employees to become member of that blog and then ask the govt. for such a law together. Because no one alone can make a change by sitting at his/her home and typing in comments.
We all should gather at one place (at that blog) because UNITY HAS THE POWER TO MAKE A CHANGE.
And the worst part is that we can't even claim to be paid for that extra work due to absence of such a law.
I think we should start a blog together and offer other such employees to become member of that blog and then ask the govt. for such a law together. Because no one alone can make a change by sitting at his/her home and typing in comments.
We all should gather at one place (at that blog) because UNITY HAS THE POWER TO MAKE A CHANGE.
yatendra replied to: Chikita
post - 10 Aug, 2009
post - 10 Aug, 2009

8: you are right....why shud we work extra hours
without being paid...the govt. needs to come
up with some law...and stop companies
exploiting us..ill join the blog...let us
know wen u create one....
iamonllinejuss4u replied to: yatendra
post - 11 Aug, 2009
post - 11 Aug, 2009

9: Great but carry on your hard work, that will
save your Job, Or else you will lose it :)
Sred replied to: yatendra
post - 11 Aug, 2009
post - 11 Aug, 2009

10: There is nothing to loose.. only gain.
Khalid replied to: Sred
post - 13 Aug, 2009
post - 13 Aug, 2009
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