Luis Bertot alleges that the company intentionally misclassified him and other colleagues to make them ineligible to collect overtime pay as required by the Fair Labor Standards Act. Bertot claims to have averaged 17 hours in overtime during the workweek in his role as HR manager, but that he never received time-and-a-half pay for the extra hours.
Bertot had started working at Comcast in 2014 in a salaried position as an HR manager and now makes nearly $110,000 annually, Law Street Media reports. Bertot alleges in his suit that he is a non-exempt employee because he did “routine work that did not involve him exercising independent judgment and discretion on matters of significance.”