KNOXVILLE , Tenn. — Sales representatives for two Wyndham Worldwide Inc. units are one step closer to class action status in their overtime wage claim. Recently, a federal magistrate judge recommended certification of the proposed class in the Tennessee overtime lawsuit. The sales representatives claim the company required employees in two units to work off the clock and the company manipulated the sales representatives time-records. The lawsuit alleges the alteration of time records and off the clock work violated the Fair Labor Standards Act (FLSA) and denied the sales representatives’ proper overtime pay.
The Overtime Claim
Wyndham sales representatives sell shares in and other services related to time-share units using various marking tools working on commission. Sales representatives, including three subclasses, working for Wyndham Vacation Resorts Inc. and Wyndham Vacation Ownership Inc., claim they were regularly required to work more than 40 hours a week, yet did not receive overtime pay. The three subclasses include front line, in-house, and discovery sales representatives working for the units between October 2010 and October 2013.
The sales representatives claim the two units had a policy requiring them to clock out if they were not giving tours or taking breaks to keep their weekly hours below 40. Their lawsuit also claims they were not always allowed to clock back in even though they returned to work. Additionally, they allege their supervisors reduced their recorded time in the timekeeping system. To make matters worse for both the employees and now the company, the company allegedly threatened to fire staff members if they complained. The FLSA prohibits retaliation for reporting wage violations.
Individuals can bring lawsuits for FLSA violations. But a class action may be preferred if a large number of employees is affected. However, a judge must first certify a class for it to go forward. A recommendation for class certification, like in this case, was not an official court order or ruling because it was made by a federal magistrate judge. Federal magistrate judges assist federal district judges by handling discovery and other pretrial matters, like reviewing and making recommendation on class certification.
Class certification requires plaintiffs’ show a company policy affecting all of the similarly situated employees and that it is fairer and more efficient to have one trial instead of many individual trials. If the district court judge grants a conditional class certification, the plaintiffs will send out a notice to all potential class members. This notice is meant to inform potential class members of the lawsuit, about their rights, and how to opt-in to the lawsuit.
If you are a Wyndham sales representative or have received a class action notice, contact our experienced team of overtime pay lawyers today at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form. Our knowledgeable legal team will evaluate your case and determine if it is in your best interest to file an individual lawsuit or join the class action. There are strict time limitations for filing so it is important you contact our top rated overtime law firm today!