It looks like Apple employees engaged in a potential lawsuit against the tech giant will have to go back to the drawing board. The case, in which Apple employees alleged that they lost wages while being forced to endure long, mandatory security checks, was thrown out by U.S. District Court Judge William Alsop.
Judge Alsop cited a recent Supreme Court decision in a similar case against Amazon in which the court ruled that workers were not owed lost wages because the time spent in security checkpoints was not a part of what they were paid to do.
Second, named plaintiffs Dean Pelle, Adam Kilker, and Brandon Fisher’s individualclaims under the FLSA, New York, Massachusetts, and Ohio state law are hereby DISMISSED WITH PREJUDICE. Both sides agree that these claims do not survive Busk (Dkt. Nos. 210, 211). This dismissal, of course, is only as to the named plaintiffs’ individual claims since no class has been certified.
However, as per the court ruling, plaintiffs will have until January 6th to file an amended complaint, so the case could resume in the future.