Former Apple employee sues for violation of labor code

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David Walsh, a former Network Engineer that worked at Apple from 1995 to 2007, is suing the company for violating California labor laws.

Filed in the United States District Court, Southern District of California, the complaint focuses on the fact that employees were required to work more than 40 hours a week or eight hours in a workday. Walsh’s suit says that Apple then denies the employees proper compensation for that work.

Walsh claims that Apple has created several job levels so they can make them exempt from receiving overtime wages. One example given is the use of “Senior” before the title “Network Engineer,” even though all Network Engineers perform the same duties.

The on-call requirements for Network Engineers were also an issue for Walsh. His on-call duties lasted for seven days, every six weeks — during this time he was on stand-by every night without additional compensation.

The lawsuit is seeking class action status, which would allow any employee during the class period to join the lawsuit.

Walsh is seeking compensatory damages, restitution of one hour of pay for each workday without a meal period and an award of liquidated damages, statutory damages and legal costs.

Apple does not comment on pending litigation.

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