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Wharton et al. v. Comcast Corp. (ND Ill 2012)

Articles Discussing Case:

Employee Handbook May Create An Enforceable Obligation to Pay Overtime Under Illinois Law December 18, 2012

Franczek Radelet P.C • December 19, 2012
A federal court in the Northern District of Illinois recently ruled that language in an employee handbook providing that employees would be paid overtime when they worked more than 40 hours in a week potentially created an enforceable “agreement” that obligated the employer to pay overtime under the Illinois Wage Payment and Collection Act (IWPCA). In Wharton et al. v. Comcast Corp., the court held that a group of Comcast employees could proceed with their lawsuit against Comcast to recover overtime wages based on language in the employee handbook and other Comcast policies, even though the handbook contained standard disclaimer language under which Comcast reserved sole discretion to interpret its policies and resolve any conflict between or among policies, and reserved the right to change, delete, suspend, discontinue, or otherwise revise the handbook or any policies within it for any reason, with or without notice.