Comcast Settles Unpaid Overtime Lawsuit for $450K

In Illinois, a judge has granted a $450,000 settlement in a class action unpaid overtime lawsuit against Comcast Corp. filed by their line technicians claiming that they were not paid the overtime pay they deserved.

Judge Young B. Kim in the U.S. District Court for the Northern District of Illinois ordered Comcast to pay $450,000 to the technician plaintiffs.

The unpaid overtime lawsuit was filed in February 2012 and alleges that Comcast is in violation of the Fair Labor Standards Act (FLSA).

Comcast Unpaid Overtime Lawsuit Allegations

Technicians for Comcast claim that the cable company did not pay line technicians at its South Chicago facility for overtime worked before shifts, after their shifts, during missed meal breaks and while they were on call.

In May, the technician plaintiffs met with mediators to settle the class action unpaid overtime lawsuit.

The settlement says, “Plaintiffs recognized the risks inherent in proceeding with the litigation in light of the court’s prior ruling granting summary judgment in favor of defendants for all claims by plaintiffs, as well as defendants’ arguments on the merits of the claims.”

The settlement for the class action unpaid overtime lawsuit also reads, “While plaintiffs were confident in their claims, defendants would have argued that plaintiffs’ alleged unpaid time was not compensable and/or was not known (actually or constructively) to defendants.”

It was determined that the actual amount of damages was not clear, so the settlement amount was in the possible range of recovery.  In essence, the plaintiffs faced many challenging arguments that would have been made by the defense, so a settlement was the best option.

However, the question of whether Comcast should pay workers for time worked before their shifts was discussed. Comcast employees argued that part of their commutes should have been included in their time worked. Because of this, overtime pay should have been paid.

The technicians also argued that the cable company has a history of paying for work done before and after shifts start. Originally Judge Kim indicated this dispute was worthy of further investigation.

Of the $450,000 awarded, $250,000 will go to attorney’s fees.

FLSA Regulations

The Fair Labor Standards Act (FLSA) was passed into law by Congress to ensure employees are treated fairly regarding wage compensation. Expressly, workers, under this act, will be treated fairly when they work overtime and receive fair compensation.

The FLSA also protects workers from potential danger, exploitation and abuse by employers.

According to the FLSA, “Employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.”

The Comcast Unpaid Overtime Lawsuit is Brand v. Comcast Corp. et al., Case No. 1:12-cv-01122, in the U.S. District Court for the Northern District of Illinois.

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