Costa
Costa v. Apple, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 FRANCIS COSTA, Case No. 23-cv-01353-WHO
Plaintiff,
ORDER CERTIFYING CLASS AND
v. DENYING FLSA DECERTIFICATION
APPLE, INC., Dkt. Nos. 298, 309, 313, 326, 331, 337, 345, Defendant. 371
Named plaintiffs Francis Costa, Amanda Hoffman, and Olivia McIlravy-Ackert bring this putative class action against defendant Apple, Inc. (“Apple”), alleging that Apple violated California and New York overtime laws by omitting the value of vested restricted stock units (“RSUs”) from the regular rate when it calculated class members’ overtime pay. Apple admits that it maintains this common pay practice for all class members. Common questions of law and fact will drive the resolution of this case and predominate over individualized inquiries. If plaintiffs prevail, damages will be calculated using data in Apple’s possession, according to the standards set forth by the Fair Labor Standards Act of 1938, 29 U.S.C. § 201,…