Two named plaintiffs have filed a proposed collective and class action in which they claim Comcast cable and internet service provider Aero Communications, Inc. failed to pay fulfillment technicians proper wages.
Filed in Pennsylvania, the lawsuit claims the defendant paid its fulfillment technicians on a “piece rate” basis, compensating the workers a “percentage of the price that Comcast paid to Aero for each particular service they completed.” The plaintiffs argue, however, that the defendant did not pay them for the actual services they performed. Further still, the suit claims Aero Communications “manipulated” the hourly rates listed on proposed class members’ paystubs “to mislead them into believing that time-and-a-half was properly being paid.”
Both plaintiffs say they worked for the defendant from April 2013 through April 2018. The lawsuit says fulfillment techs would use forms and service codes to document the jobs they completed each day and, more importantly, to keep track of the amount of money they should receive as piece rate for each service. Workers could see the information being submitted to Aero via the company’s FIP Mobile app, the suit adds.
For its part, Aero Communications allegedly maintained “a consistent practice” of changing the service codes input by fulfillment techs on daily forms to codes that designated less expensive services.
“Aero then paid its technicians on a piece rate basis for the new, less expensive service codes, and not the service codes that reflected the actual service the technicians performed,” the lawsuit says.