Former Field Technicians Claim Kirkham Solutions, Comcast Owe Unpaid Overtime Wages

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Kirkham Solutions, Inc. and Comcast Cable Communications Management, LLC have been named in a proposed class and collective action in which two former field technicians claim the companies failed to pay proper overtime wages.

According to the lawsuit, the plaintiffs were jointly employed by Kirkham and Comcast, who contracts with vendors such as the former to perform internet installation and repair services. The plaintiffs say they worked for the defendants as field technicians in Florida and Pennsylvania until July and August 2019, respectively.

The suit alleges both plaintiffs were initially classified as independent contractors but then reclassified as employees during the later stages of their employment. The lawsuit claims the nature of field technicians’ jobs demonstrates that the plaintiffs should have been classified as employees rather than contractors ineligible for time-and-a-half overtime pay.

Field technicians, according to the suit, were closely monitored by the defendants, worked exclusively on Comcast projects while wearing Comcast uniforms, and performed work integral to the companies’ business. Moreover, the work performed by the plaintiffs was not managerial in nature and required neither advanced skills nor a specialized degree, the suit says.

The plaintiffs claim that as a result of their alleged misclassification as contractors, they worked between 60 and 70 hours per week without receiving proper overtime wages. Instead, the workers were paid on a piece-rate basis that failed to take into account the number of hours worked, the suit says.

The case looks to cover anyone who was employed by the defendants as a field technician within the past three years.

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