Costa
Costa v. Apple, Inc.
Opinion
Trial Court Opinion
INTRODUCTION
15 Plaintiffs Francis Costa, Amanda Hoffman, and Olivia McIlravy-Ackert are or were hourly 16 paid, overtime eligible employees of defendant Apple, Inc., who contend that Apple should have 17 included the value of vested restricted stock units (“RSUs”) as compensation in its calculation of 18 their overtime rate of pay. They move here for distribution of judicial notice, or conditional 19 certification, pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b) (“FLSA”). The 20 standard for ordering notice to others similarly situated at this stage is lenient, and the plaintiffs 21 have met it. Modified as described in this Order, the plaintiffs’ motion to distribute notice is GRANTED.1
BACKGROUND
I. Factual Background
25 Apple is a California corporation that “designs, manufactures and markets smartphones, 26 27 personal computers, tablets, wearables and accessories, and sells a variety of related services.” Apple Inc. Form 10-K at p.1 (2022). Plaintiffs Costa, Hoffman, and McIlravy-Ackert worked (and in the latter’s case, still work) for Apple as hourly, non-exempt, eligible for overtime pay employees. Third Amended Complaint…