A California federal judge indicated Wednesday that he is likely to certify a class in a lawsuit accusing Apple of underpaying workers by failing to include stock compensation in overtime pay calculations. The case, brought by a former Apple tech support employee under federal and state labor laws, could represent thousands of Apple employees in California and New York.
Judge Leans Toward Class Certification
During a Zoom hearing, U.S. District Judge William H. Orrick expressed his inclination to grant class certification, citing the plaintiffs’ evidence as sufficiently cohesive to proceed as a group.
The plaintiffs’ expert presented a formula for calculating damages across the proposed class, which Judge Orrick described as “straightforward” and “commonly applied.”
“I’m inclined to grant class certification,” Judge Orrick stated, though he stopped short of issuing a formal ruling.
Allegations Against Apple
The lawsuit, initiated in March 2023 by Francis Costa, alleges Apple violated the Fair Labor Standards Act (FLSA) by excluding the value of restricted stock units (RSUs) from overtime calculations. Costa, who worked in tech support, expanded the complaint to include state law claims for employees in California and New York.
