`
`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`JESSICA PATRICK, Individually and on
`Behalf of All Others Similarly Situated
`
`
`vs.
`
`
`COMCAST CABLE COMMUNICATIONS
`MANAGEMENT, LLC
`
`
`
`
`
` No. 1:21-cv-1236
`
`PLAINTIFF
`
`DEFENDANT
`
`
`ORIGINAL COMPLAINT—COLLECTIVE ACTION
`
`
`
`
`
`COMES NOW Plaintiff Jessica Patrick (“Plaintiff”), individually and on behalf of all
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`others similarly situated, by and through her attorney Josh Sanford of Sanford Law Firm,
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`PLLC, and for her Original Complaint—Collective Action (“Complaint”) against Defendant
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`Comcast Cable Communications Management, LLC (“Defendant”), she states and
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`alleges as follows:
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`I.
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`PRELIMINARY STATEMENTS
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`1.
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`This is a collective action brought by Plaintiff, individually and on behalf of
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`all others similarly situated, against Defendant for violations of the overtime provisions of
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`the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”), and overtime provisions
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`of the Illinois Minimum Wage Law, 820 ILCS 105/1, et seq. (“IMWL”).
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`2.
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`Plaintiff seeks a declaratory judgment, monetary damages, liquidated
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`damages, prejudgment interest, and a reasonable attorney’s fee and costs as a result of
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`Defendant’s failure to pay proper overtime compensation under the FLSA and the IMWL.
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`
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`
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`Page 1 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
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`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 2 of 12 PageID #:2
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`II.
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`JURISDICTION AND VENUE
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`3.
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`The United States District Court for the Northern District of Illinois has
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`subject matter jurisdiction over this suit under the provisions of 28 U.S.C. § 1331 because
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`this suit raises federal questions under the FLSA.
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`4.
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`This Complaint also alleges IMWL violations, which arise out of the same
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`set of operative facts as the federal cause of action; accordingly, this Court has
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`supplemental jurisdiction over Plaintiff’s IMWL claims pursuant to 28 U.S.C. § 1367(a).
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`5.
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`The acts complained of herein were committed and had their principal effect
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`against Plaintiff within the Eastern Division of the Northern District of Illinois; therefore,
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`venue is proper within this District pursuant to 28 U.S.C. § 1391.
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`III.
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`THE PARTIES
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`Plaintiff is an individual and resident of Lake County.
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`Defendant is a foreign limited liability company.
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`Defendant’s registered agent for service of process is The Corporation
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`6.
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`7.
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`8.
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`Company, at 600 South Second Street, Suite 104, Springfield, Illinois 62704.
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`9.
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`Defendant maintains a website at https://corporate.comcast.com/.
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`IV.
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`FACTUAL ALLEGATIONS
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`10. Plaintiff repeats and re-alleges all the preceding paragraphs of this
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`Complaint as if fully set forth in this section.
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`11. Defendant acted as the employer of Plaintiff and is and has been engaged
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`in interstate commerce as that term is defined under the FLSA.
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`12. Defendant employs two or more individuals who engage in interstate
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`commerce or business transactions, or who produce goods to be transported or sold in
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`Page 2 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 3 of 12 PageID #:3
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`interstate commerce, or who handle, sell, or otherwise work with goods or materials that
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`have been moved in or produced for interstate commerce, such as computers and office
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`equipment.
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`13.
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` Defendant’s annual gross volume of sales made or business done is not
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`less than $500,000.00 (exclusive of excise taxes at the retail level that are separately
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`stated) in each of the three years preceding the filing of the Original Complaint.
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`14. Defendant operates a call center for Comcast customers.
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`15. Defendant has locations throughout the United States.
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`16. At all times material herein, Plaintiff has been entitled to the rights,
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`protections, and benefits provided under the FLSA and the IMWL.
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`17. At all times material herein, Plaintiff was classified by Defendant as non-
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`exempt from the overtime requirements of the FLSA and the IMWL and was paid an hourly
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`wage.
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`18. Defendant employed Plaintiff within the three years preceding the filing of
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`this lawsuit.
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`19. Specifically, Defendant employed Plaintiff as an hourly-paid Customer
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`Service Representative from July of 2005 until January of 2021.
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`20. Plaintiff worked at Defendant’s location in Tinley Park.
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`21. Defendant also employed other hourly-paid Customer Service
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`Representatives.
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`22. Plaintiff was primarily responsible for receiving calls, communicating with
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`customers, and making sales for cable, internet, phone, and/or home security services.
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`Page 3 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 4 of 12 PageID #:4
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`23. Other Customer Service Representatives had the same or similar duties as
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`Plaintiff.
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`24. Defendant directly hired Plaintiff and other Customer Service
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`Representatives, controlled their work schedules, duties, protocols, applications,
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`assignments and employment conditions, and kept at least some records regarding their
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`employment.
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`25.
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`In addition to her hourly wage, Plaintiff received monthly commissions
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`based on sales she made, although, upon information and belief, she did not always
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`receive all of the commissions she earned.
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`26. Other Customer Service Representatives also received commissions based
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`on sales they made.
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`27.
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`In addition to her hourly wage, Plaintiff also received quarterly bonuses
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`based on company revenue and other company metrics.
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`28. Other Customer Service Representatives also received quarterly bonuses
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`based on company revenue and other company metrics.
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`29.
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`These bonuses were nondiscretionary because Defendant informed
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`Customer Service Representatives of the bonuses upon hiring, the Customer Service
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`Representatives expected to receive these bonuses and did in fact receive the bonuses
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`on a regular basis.
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`30. Upon information and belief, all or most Customer Service Representatives
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`receive quarterly bonuses.
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`31. Plaintiff and other Customer Service Representatives regularly worked in
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`excess of forty hours per week throughout their tenure with Defendant.
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`Page 4 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 5 of 12 PageID #:5
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`32. Defendant paid Plaintiff and other Customer Service Representatives 1.5x
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`times their base hourly rate for the hours they worked over 40 in a workweek.
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`33. However, Defendant did not include the commissions and bonuses that
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`were paid to Plaintiff and other Customer Service Representatives in their regular rates
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`when calculating their overtime pay even though Plaintiff and other Customer Service
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`Representatives received commissions and bonuses in pay periods in which they also
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`worked in excess of forty hours per week.
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`34. Section 778.117 of Title 29 of the Code of Federal Regulations states that
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`commissions “are payments for hours worked and must be included in the regular rate,”
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`regardless of the basis for them or their frequency.
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`35. Section 778.208 of Title 29 of the Code of Federal Regulations requires that
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`all forms of compensation, such as nondiscretionary bonuses, “must be totaled in with
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`other earnings to determine the regular rate on which overtime pay must be based.”
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`36. Defendant violated the FLSA and IMWL by not including all forms of
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`compensation, such as the non-discretionary bonuses of Plaintiff and other Customer
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`Service Representatives, in their regular rate when calculating their overtime pay.
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`37. Upon information and belief, Defendant’s pay practices were the same for
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`all Customer Service Representatives who received commissions.
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`38. Upon information and belief, the pay practices that violate the FLSA and
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`IMWL alleged herein were the same at all of Defendant’s facilities because the policy was
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`a centralized human resources policy implemented uniformly from the corporate
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`headquarters.
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`Page 5 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 6 of 12 PageID #:6
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`39. Because of the volume of work required to perform their jobs, Plaintiff and
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`other Customer Service Representatives consistently worked in excess of forty hours per
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`week.
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`40. Defendant knew, or showed reckless disregard for whether, the way it paid
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`Plaintiff and other Customer Service Representatives violated the FLSA and IMWL.
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`V.
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`REPRESENTATIVE ACTION ALLEGATIONS
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`41. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
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`though fully incorporated in this section.
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`42. Plaintiff brings this claim for relief for violation of the FLSA as a collective
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`action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b), on behalf of all persons
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`similarly situated as Customer Service Representatives who were, are, or will be
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`employed by Defendant within the applicable statute of limitations period, who are entitled
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`to payment of the following types of damages:
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`A.
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`B.
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`Overtime premiums for all hours worked over forty in any week;
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`Liquidated damages; and
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`C.
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`Attorneys’ fees and costs.
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`43. Plaintiff proposes the following class under the FLSA:
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`All Customer Service Representatives who received a commission
`and/or bonus in connection with work performed in at least one week
`in which they worked over forty hours within the past three years.
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`In conformity with the requirements of FLSA Section 16(b), Plaintiff has filed
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`44.
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`or will soon file a written Consent to Join this lawsuit.
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`45.
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`The relevant time period dates back three years from the date on which
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`Plaintiff’s Original Complaint—Collective Action was filed herein and continues forward
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`Page 6 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 7 of 12 PageID #:7
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`through the date of judgment pursuant to 29 U.S.C. § 255(a), except as set forth herein
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`below.
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`46.
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`The members of the proposed FLSA class are similarly situated in that they
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`share these traits:
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`A.
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`B.
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`They were paid hourly;
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`They received commissions;
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`C.
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`They were eligible for and received nondiscretionary bonuses;
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`D.
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`They worked over forty hours in at least one week in which they performed
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`work related to a commission and/or bonus;
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`E.
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`They were subject to Defendant’s common policy of failing to pay a proper
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`overtime rate for hours worked over forty in a week; and
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`F.
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`They had the same or substantially similar job duties and requirements.
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`47. Plaintiff is unable to state the exact number of the class but believes that
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`the class exceeds six hundred (600) persons.
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`48. Defendant can readily identify the members of the collective, who are a
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`certain portion of the current and former employees of Defendant.
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`49.
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`The names and physical and mailing addresses of the probable FLSA
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`collective action plaintiffs are available from Defendant.
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`50.
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`The email addresses of many of the probable FLSA collective action
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`plaintiffs are available from Defendant.
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`FIRST CLAIM FOR RELIEF
`VI.
`(Individual Claim for Violation of the FLSA)
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`51. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
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`though fully set forth herein.
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`Page 7 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
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`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 8 of 12 PageID #:8
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`52. Plaintiff asserts this claim for damages and declaratory relief pursuant to
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`the FLSA, 29 U.S.C. § 201, et seq.
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`53. At all relevant times, Defendant has been, and continues to be, an
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`enterprise engaged in commerce within the meaning of the FLSA, 29 U.S.C. § 203.
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`54.
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`29 U.S.C. §§ 206 and 207 require any enterprise engaged in commerce to
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`pay a minimum wage for all hours worked up to 40 each week and to pay 1.5x their regular
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`wages for all hours worked over 40, unless an employee meets certain exemption
`
`requirements of 29 U.S.C. § 213 and all accompanying DOL regulations.
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`55. Defendant classified Plaintiff as non-exempt from the requirements of the
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`FLSA.
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`56. Despite Plaintiff’s entitlement to overtime payments under the FLSA,
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`Defendant failed to pay Plaintiff 1.5x her regular rate for all hours worked in excess of 40
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`per week.
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`57. Defendant knew or should have known that its actions violated the FLSA.
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`58. Defendant’s conduct and practices, as described above, were willful.
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`59. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff
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`for monetary damages, liquidated damages and costs, including reasonable attorneys’
`
`fees provided by the FLSA for all violations which occurred beginning at least three years
`
`preceding the filing of Plaintiff’s initial complaint, plus periods of equitable tolling.
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`60. Defendant has not acted in good faith nor with reasonable grounds to
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`believe its actions and omissions were not a violation of the FLSA, and, as a result thereof,
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`Plaintiff is entitled to recover an award of liquidated damages in an amount equal to the
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`Page 8 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 9 of 12 PageID #:9
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`amount of unpaid overtime premium pay described above pursuant to Section 16(b) of
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`the FLSA, 29 U.S.C. § 216(b).
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`61. Alternatively, should the Court find that Defendant acted in good faith in
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`failing to pay Plaintiff as provided by the FLSA, Plaintiff is entitled to an award of
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`prejudgment interest at the applicable legal rate.
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`VII. SECOND CLAIM FOR RELIEF
`(Collective Action Claim for Violation of the FLSA)
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`62. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
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`though fully set forth herein.
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`63. Plaintiff asserts this claim for damages and declaratory relief on behalf of all
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`similarly situated employees pursuant to the FLSA, 29 U.S.C. § 201, et seq.
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`64. At all relevant times, Defendant has been, and continues to be, an
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`enterprise engaged in commerce within the meaning of the FLSA, 29 U.S.C. § 203.
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`65.
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`29 U.S.C. §§ 206 and 207 require any enterprise engaged in commerce to
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`pay all employees a minimum wage for all hours worked up to 40 each week and to pay
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`1.5x their regular wages for all hours worked over 40 each week, unless an employee
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`meets certain exemption requirements of 29 U.S.C. § 213 and all accompanying
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`Department of Labor regulations.
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`66. Defendant classified Plaintiff and other similarly situated employees as non-
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`exempt from the overtime provisions of the FLSA.
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`67. Defendant failed to pay Plaintiff and similarly situated employees 1.5x their
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`regular rate for all hours worked in excess of 40 per week.
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`68. Defendant deprived Plaintiff and similarly situated employees of
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`compensation for all of the hours worked over forty per week, in violation of the FLSA.
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`Page 9 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 10 of 12 PageID #:10
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`69. Defendant knew or should have known that its actions violated the FLSA.
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`70. Defendant’s conduct and practices, as described above, were willful.
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`71. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff
`
`and all similarly situated employees for monetary damages, liquidated damages and
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`costs, including reasonable attorney’s fees provided by the FLSA for all violations which
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`occurred beginning at least three years preceding the filing of Plaintiff’s initial complaint,
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`plus periods of equitable tolling.
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`72. Defendant has not acted in good faith nor with reasonable grounds to
`
`believe its actions and omissions were not a violation of the FLSA, and, as a result thereof,
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`Plaintiff and similarly situated employees are entitled to recover an award of liquidated
`
`damages in an amount equal to the amount of unpaid overtime premium pay described
`
`above pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b).
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`73. Alternatively, should the Court find that Defendant acted in good faith in
`
`failing to pay Plaintiff and the collective members as provided by the FLSA, they are
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`entitled to an award of prejudgment interest at the applicable legal rate.
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`VIII. THIRD CLAIM FOR RELIEF
`(Individual Claim for Violation of the IMWL)
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`74. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
`
`though fully set forth herein.
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`75. Plaintiff asserts this claim for damages and declaratory relief pursuant to
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`the IMWL, 820 ILCS 105/1, et seq.
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`76. At all relevant times, Defendant was Plaintiff’s “employer” within the
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`meaning of the IMWL, 820 ILCS 105/3.
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`Page 10 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 11 of 12 PageID #:11
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`77.
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` IMWL, 820 ILCS 105/4a(1) requires employers to pay all employees 1.5x
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`regular wages for all hours worked over 40 hours in a week, unless an employee meets
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`the exemption requirements of 820 ILCS 104/4a(2).
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`78. Defendant failed to pay Plaintiff a sufficient overtime premium for all hours
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`worked over forty each week.
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`79. Defendant’s conduct and practices, as described above, were willful,
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`intentional, unreasonable, arbitrary and in bad faith.
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`80. By reason of the unlawful acts alleged in this Complaint, Defendant is liable
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`to Plaintiff for monetary damages, liquidated damages, damages of 5% of the amount of
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`underpayment for each month following the date of payment during which such
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`underpayments remain unpaid, costs, and a reasonable attorney’s fee provided by the
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`IMWL for all violations which occurred within the three years preceding the filing of
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`Plaintiff’s initial complaint, plus periods of equitable tolling. 820 ILCS 105/12.
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`81. Alternatively, should the Court find that Defendant acted in good faith in
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`failing to pay Plaintiff as provided by the IMWL, Plaintiff is entitled to an award of
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`prejudgment interest at the applicable legal rate.
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`IX.
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`PRAYER FOR RELIEF
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`WHEREFORE, premises considered, Plaintiff Jessica Patrick, individually and on
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`behalf of all others similarly situated, respectfully prays that Defendant be summoned to
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`appear and to answer this Complaint and for declaratory relief and damages as follows:
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`A.
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`Declaratory judgment that Defendant’s practices alleged in this Complaint
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`violate the FLSA, the IMWL and their related regulations;
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`Page 11 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`
`
`Case: 1:21-cv-01236 Document #: 1 Filed: 03/04/21 Page 12 of 12 PageID #:12
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`B.
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`Certification of a collective under Section 216 of the FLSA of all individuals
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`similarly situated, as further defined in any motion for the same;
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`C.
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`Judgment for damages suffered by Plaintiff and others similarly situated for
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`all unpaid overtime wages under the FLSA, the IMWL and their related regulations;
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`D.
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`Judgment for liquidated damages owed to Plaintiff and all others similarly
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`situated pursuant to the FLSA, the IMWL and their related regulations;
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`E.
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`An order directing Defendant to pay Plaintiff and all others similarly situated
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`interest, a reasonable attorney’s fee and all costs connected with this action; and
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`F.
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`Such other and further relief as this Court may deem just and proper.
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`
`
`Respectfully submitted,
`
`JESSICA PATRICK, Individually
`and on Behalf of All Others
`Similarly Situated, PLAINTIFF
`
`SANFORD LAW FIRM, PLLC
`Kirkpatrick Plaza
`10800 Financial Centre Pkwy, Suite 510
`Little Rock, Arkansas 72211
`Telephone: (800) 615-4946
`Facsimile: (888) 787-2040
`
`/s/ Josh Sanford
`Josh Sanford
`Ark. Bar No. 2001037
`josh@sanfordlawfirm.com
`
`
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`Page 12 of 12
`Jessica Patrick, et al. v. Comcast Cable Communications Management, LLC
`U.S.D.C. (N.D. Ill.) No. 1:21-cv-1236
`Original Complaint—Collective Action
`
`