Azernews.Az

By Bloomberg

For California workers seeking to be paid for time spent getting bags searched after their shifts end, state law may provide the remedy that federal law doesn’t.

On Thursday, a judge in San Francisco said that Apple Inc. store workers in California can sue as a class in their bid for to be paid for time spent in “demoralizing” security searches of their bags when they leave work each day.

The ruling that more than 12,000 workers from more than 50 stores in the state can sue as a group may put the world’s most valuable technology company on trial over its treatment of a staff known for almost cult-like loyalty. The policy is intended to stop employees from pilfering merchandise.

The U.S. Supreme Court ruled in 2014 that workers don’t have a right to be paid for time spent in post-shift security searches under the federal Fair Labor Standards Act. New York law mirrors the federal FLSA, and as a result, the Apple plaintiffs’ claims under that state’s statutes had already been dismissed.

But California law governing compensation for time worked differs. It turns on whether the employer has control over the employee. And that is the law which will govern the Apple case, which is in federal court.

Rachel Wolf, an Apple spokeswoman, declined to comment on the ruling.

The case is Frlekin v. Apple Inc., 13-cv-03451, U.S. District Court, Northern District of California (San Francisco).

Law Firm News

Lateral Moves at Shearman, King & Spalding, Nelson Mullins

Shearman & Sterling LLP has expanded its international arbitration practice with the addition of two partners -– Nils Eliasson in Hong Kong and Jeremy Sharpe in London. Eliasson joins from Mannheimer Swartling, where he headed the dispute- resolution practice in Asia. Sharpe was previously the chief of investment arbitration in the Office of the Legal Adviser at the State Department. He led a six-lawyer team that represented the U.S. in investor-state and state-to-state disputes arising under U.S. international investment agreements, according to a statement from the firm.

King & Spalding LLP has grown its litigation practice in New York with the addition of partner Peter Isajiw. Isajiw, who was previously a partner at Cadwalader, Wickersham & Taft LLP, concentrates his practice on complex commercial and securities litigation, as well as regulatory investigations.

Mark Keenan has joined Nelson Mullins Riley & Scarborough LLP as a partner in the Atlanta office, where he advises employers on labor and employment issues, with a specialty in employers’ responses to union organizing. He was previously a partner at McKenna Long & Aldridge LLP in Atlanta.

In addition, Weston Adams III has joined Nelson Mullins in Columbia, South Carolina, where he will practice environmental, energy and appellate law. He was previously a member of McAngus Goudelock & Courie in Columbia.

New Partners at Perkins Coie, Reed Smith and Kilpatrick Townsend

Perkins Coie LLP has hired Stephen Schrader as a partner in the corporate practice in San Francisco. Prior to joining Perkins Coie, Schrader was a partner with Baker & McKenzie LLP. His addition follows the arrival in June of Justin Bastian and Nora Gibson. All three focus their work in capital markets.

Reed Smith LLP has added Niket Rele as a partner in its corporate transactional advisory group in New York. Rele was formerly a partner in the corporate department and information technology and outsourcing Group and chair of the India Practice at Wiggin and Dana.

Kilpatrick Townsend & Stockton LLP has hired Joel Cartee, counsel Sarah Jurkiewicz and associate Brittany Summers to the firm’s Atlanta office. Cartee and Summers will practice with the firm’s mergers-and-acquisitions and securities team, and Jurkiewicz will be a member of the real estate team within the corporate, finance, and real estate department.

All three previously practiced at Locke Lord. Cartee was a partner, Jurkiewicz was senior counsel and Summers was an associate.