The $7.5 million settlement presented by Comcast and O.C. Communications for California wage and hour violations was rejected initially. But it was approved in early July 2019 after two years of litigation. The California wage and hour lawsuit involved approximately 4,500 techs. Allegations included in the federal class action stated that O.C. Communications, skilled technician supplier, and Comcast both violated state and federal laws. The companies were accused of numerous wage and hour violations including not paying workers for all the hours they worked, failing to compensate their technicians for piecework and overtime, and failing to provide workers with the required minimum wage.
A group of technicians classified as non-exempt whose job duties included installing cable, tv, phone, security, and internet services to Comcast customers sued the companies as joint employers (Soto, et al. v. O.C. Communications, Inc., et al., No. 17-cv-00251). The plaintiffs claimed the companies failed to pay minimum wages and overtime wages, did not provide appropriate compensation for rest and meal breaks, did not reimburse their employees for business-related expenses, and did not provide required wage statements. All of the above allegations are violations of California’s labor code.
The original rejection of the settlement April 2019 was due to U.S. District Judge Vince Chhabria’s concerns that the agreement did not address avoiding repeat scenarios. He saw the issues as being systemic. He also felt the settlement was achieved at a discount and wanted assurances that the employment law violations would be unlikely to recur.
According to case documents, Comcast techs sometimes worked 60 hours in a week and were paid on a hybrid hourly/piece-rate basis based on different tasks and jobs. One plaintiff alleged Comcast assigned him 32 jobs to complete instead of the more typical eight jobs in one shift. Comcast workers regularly ate on the job (skipping meal breaks), were required to be on call at all hours, and had to provide their own tools. One plaintiff was allegedly told to under-report his work hours.
If you have experienced injustice in the workplace or if you have been the victim of California labor law violations in the workplace, please get in touch with the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Get in touch with the employment law office nearest you: San Diego, San Francisco, Sacramento, Santa Clara, Los Angeles, Riverside, Orange or Chicago.