Apple Class Action Claims Over Restricted Second Jobs For Low-Wage Workers, $5,000 Per Eligible Employee, Filing Deadline, And How To Check If You Qualify 2026
Apple allegedly violated Washington state law by prohibiting low-wage employees earning less than twice the minimum wage from holding second jobs, working as independent contractors, or being self-employed. Former employee Gabriel Fisher filed a proposed class action in January 2026 seeking $5,000 in statutory damages for each affected worker—and preliminary court records show over 1,000 Apple employees in Washington may qualify.
Apple is now fighting to force the case into arbitration, but workers’ attorneys argue the restrictions violate a 2020 Washington law designed to protect workforce mobility.
What Is The Apple Class Action About?
On January 21, 2026, Gabriel Fisher filed Fisher v. Apple Inc., Case No. 2:26-cv-00204, in the United States District Court for the Western District of Washington.
The lawsuit alleges Apple imposed restrictive covenants preventing employees earning less than twice Washington’s state minimum hourly wage from having additional employment. This includes bans on second jobs with other employers, independent contracting work, and self-employment ventures.
Washington’s noncompetition law, effective January 1, 2020, explicitly prohibits employers from restricting, restraining, or prohibiting low-wage workers from supplementing their income through additional work. The law defines “low-wage workers” as those earning less than twice the applicable state minimum hourly wage.
For comparison, similar employment restrictions have faced legal challenges nationwide. The Workday Class Action Lawsuit, Millions Of Job Seekers Over 40 Just Got Green Light To Sue Workday—Court Says AI Hiring Software May Have Discriminated Against Them demonstrates how courts are increasingly willing to hold tech companies accountable for employment practices that limit worker opportunities.
Who Is Eligible And How Many Workers Are Affected?
A preliminary review of Apple’s records shows more than 1,000 individuals worked for Apple in Washington from December 17, 2022 to January 15, 2026 and earned less than twice the applicable state minimum hourly wage.
You may be eligible if you:
- Worked for Apple Inc. in Washington state
- Earned less than twice Washington’s minimum wage during your employment
- Were subject to restrictive covenants prohibiting second jobs, independent contracting, or self-employment
- Worked between December 17, 2022 and the date of class certification
Washington’s minimum wage varies by year. For 2024, the state minimum was $16.28 per hour, meaning workers earning less than $32.56 per hour qualified as “low-wage” under the statute. In 2026, this threshold increased to approximately $34-35 per hour based on annual adjustments.
What Are The Claims Against Apple?
The lawsuit claims Apple’s policies and procedures reflect a standard business practice designed to prevent low-wage workers from having second jobs. Specifically, Apple allegedly:
- Included restrictive covenant language in employment agreements
- Enforced policies prohibiting moonlighting or supplemental income
- Threatened disciplinary action for employees holding outside work
- Failed to comply with Washington’s 2020 noncompetition statute protecting low-wage worker mobility
The plaintiff and other class members who were subject to these restrictions are seeking $5,000 each in statutory damages, plus attorney fees and costs.
Current Status Of The Case
On January 23, 2026, just two days after Fisher filed his complaint, Apple urged a Seattle federal judge to throw out the proposed class action, arguing plaintiff Gabriel Fisher gave up his right to sue when he signed an arbitration agreement included in his job offer.
Apple’s arbitration defense is significant. If successful, it could prevent the case from proceeding as a class action and force individual workers into private arbitration proceedings—a strategy that historically benefits employers by limiting collective legal action.
The court has not yet ruled on Apple’s motion to compel arbitration. This procedural battle will likely determine whether the case continues or gets diverted to individual arbitration.
Similar to employment cases like the Walmart Class Action Lawsuit Recent November 45 Million Settlement Payments Updates, Radioactive Shrimp Claims, And Employment Violations, arbitration clauses often become the primary battleground before substantive employment claims are even addressed.
How To Determine If You Are Eligible
Review your Apple employment agreement for restrictive covenant language. Look for clauses prohibiting “moonlighting,” “outside employment,” “competitive activities,” or “supplemental income.”
Calculate whether your hourly wage fell below twice Washington’s minimum during your employment period. Include all forms of compensation Apple paid you, but exclude tips, bonuses, or benefits.
Gather documentation: pay stubs, employment contracts, employee handbooks, disciplinary warnings related to outside work, and any communications about second job prohibitions.
How To File A Claim
As of February 2026, there is no claim form or settlement administrator yet. The case remains in early litigation.
If the case survives Apple’s arbitration motion and achieves class certification, the court will appoint a settlement administrator who will send notice to eligible class members with instructions for filing claims.
Monitor case developments at:
- U.S. District Court for the Western District of Washington (Case No. 2:26-cv-00204)
- Contact plaintiff’s attorneys: Timothy W. Emery, Patrick B. Reddy, Paul Cipriani, and Hannah M. Hamley of Emery Reddy P.C.
Frequently Asked Questions
What Exactly Is Apple Accused Of?
Apple allegedly violated Washington state law by prohibiting employees earning less than twice the minimum wage from holding second jobs, working as independent contractors, or being self-employed through restrictive employment agreements.
Who Is Eligible For This Class Action?
Current and former Apple employees who worked in Washington state between December 17, 2022 and class certification, earned less than twice Washington’s minimum wage, and were subject to restrictive covenants prohibiting additional employment.
How Many Workers Are Affected?
Preliminary records indicate over 1,000 Apple employees in Washington may qualify based on their wage levels and employment dates during the proposed class period.
How Much Could I Receive?
The lawsuit seeks $5,000 in statutory damages per eligible class member, plus attorney fees and costs. Final amounts depend on settlement negotiations or trial outcomes.
What Is The Deadline To File?
No claim deadline exists yet. The case is still in early litigation and Apple is fighting to compel arbitration. Monitor case developments for future deadlines.
Where Can I Find Official Information?
Check the U.S. District Court for the Western District of Washington docket (Case No. 2:26-cv-00204) or contact Emery Reddy P.C., the law firm representing plaintiff Gabriel Fisher.
Last Updated: February 6, 2026
Disclaimer: This article provides general information about the Apple class action lawsuit. It is not legal advice. Apple denies all allegations. Consult a qualified employment attorney for guidance specific to your situation.
Protect your worker rights. If Apple restricted your ability to earn supplemental income while paying you less than twice minimum wage, document everything and monitor this case closely.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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