KNOXVILLE, Tenn. — A group of former Wyndham Vacation Resorts sales consultants recently filed a class action overtime pay lawsuit. Wyndham Vacation Resorts is a branch of Wyndham Worldwide Corp., a major hotel and resort company, that offers resort timeshare opportunities. Earlier this year, sales representatives in Tennessee gained certification in a similar overtime claim against Wyndham Worldwide Inc. Both lawsuits claim the company denied employees overtime pay in violation of the Fair Labor Standards Act (FLSA).
The Sales Consultants’ Claims
The sales consultants who filed the lawsuit claim supervisors told them to clock out at the end of their shifts, or when they reached 40 hours during a week. They were then required to continue working off-the-clock. They claim this denied them overtime wages to compensate their working off-the-clock. Additionally, the sales consultants claim the company paid them weekly on a commission basis. The extra, unpaid work was considered a “draw” on future sales commissions. This created an incentive for the sales representatives to comply with the off-the-clock work requirements.
The Company’s Response
Wyndham Vacation Resorts responded to the sales consultants by claiming they chose to work extra hours, which they intentionally failed to report. The company alleges the sales consultants wanted to conduct additional sales tours in order to increase their commissions and bonuses, and that the company’s policy is to send employees home after they reach 40 hours.
Neither party denies the sales consultants worked off-the-clock, maintained inaccurate time records, and did not receive overtime pay. Nevertheless, Wyndham moved to dismiss the lawsuit, since it alleges the employees were the ones who submitted false and inaccurate time reports. Wyndham claims the sales consultants should not benefit from their dishonest actions in the matter. This is known as the “unclean hands doctrine.” The trial is scheduled for next spring.
The lawsuit includes current and former Wyndham sales consultants denied overtime pay since June 2011. If you are a Wyndham Vacation Resort sales consultant and were denied overtime pay, contact our team of overtime pay lawyers today at (855) 754-2795, or complete a Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. You will not be billed for legal fees or other costs unless you receive a settlement.