Comcast technicians suing for unpaid overtime have won class action certification of their case. The Comcast overtime class action lawsuit covers about 400 technicians who say they deserve overtime pay for their installation and repair work for Comcast and Matrix Communications.

The technicians sued Comcast and Matrix in 2010 alleging they were improperly classified as independent contractors before April 1, 2009. Prior to that date, technicians who installed and repaired Comcast services for Matrix were classified as independent contractors and paid on a per-job bases. After that date, the technicians were reclassified as employees and paid hourly, with additional compensation possible based on the number of jobs completed.

According to the Comcast technicians' class action lawsuit, their prior designation as independent contractors was improper, and they should have been paid hourly wages and overtime during that period. They also argue that even after the conversion to an hourly rate, they were not properly paid for overtime hours, that Matrix failed to keep track of the true number of hours worked, and the Defendants continued to make inappropriate deductions from their paychecks, such as deductions for equipment rental.

U.S. District Judge Harry Leinenweber certified the Comcast technician class action lawsuit last week, ruling that pre- and post-reclassification employees will be subdivided into two classes. Even with the two subclasses, they still have enough in common to pursue common claims, he said.

"Common questions of fact remain, such as whether Defendants failed to keep accurate time records, whether they failed to pay overtime, and whether they made improper deductions from technicians' compensation. Class action remains the most efficient way to resolve this litigation," Judge Leinenweber wrote.

The Comcast technician overtime class action lawsuit is now certified as two separate classes: all individuals who are currently employed or were employed before April 1, 2009 in Illinois, and those who are currently employed or were employed on or after April 1, 2009.

The case is Alex Thomas, et al. v. Comcast Corporation, et al., Case No. 10-cv-5093, U.S. District Court, Northern District of Illinois, Eastern Division.