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Wednesday, May 6, 2026

Apple, Inc. Employee Files Putative Collective Action for ... - Digital Journal

The Complaint alleges that Apple failed to include the value of vested restricted stock units (RSUs) when calculating hourly employees' overtime rates for overtime hours they worked.

MINNEAPOLIS, MN, March 29, 2023 /24-7PressRelease/ -- On March 23, 2023, a former Apple, Inc ("Apple") employee initiated a lawsuit alleging that the company failed to include all legally required compensation when calculating its hourly employees' overtime rate of pay.

According to Complaint, Apple paid Plaintiff and others similarly situated on an hourly basis and provided them with other compensation in the form of restricted stock units (RSUs). The problem, the Complaint alleges, is that Apple failed to include the value of vested RSUs when calculating the employees' overtime rate paid for overtime hours they worked. The Complaint asserts that this omission gave Apple the benefit of paying its hourly employees at a lower overtime rate of pay than the law requires.

The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act. The action seeks to recover unpaid overtime compensation and liquidated (double) damages for the workers impacted by Apple's alleged miscalculation of the overtime rate of pay.

One of the Plaintiff's attorneys, Michele R. Fisher of Nichols Kaster, PLLP, explained, "the law generally requires that employers include all forms of renumeration when calculating the overtime rate of pay for their workers. While there are some exceptions, it...



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