Pierce v. Wyndham Vacation Resorts, Inc.
Wyndham has four Tennessee resorts, where front-line sales employees sell ownership interests (timeshares) to people who do not own Wyndham timeshares. In-house sales employees sell upgraded timeshares to existing owners. Discovery sales employees sell non-ownership trials. Wyndham’s sales people receive a minimum-wage draw based on the hours they record each week, which is deducted from their commissions. In 2009, Wyndham began paying overtime. Plaintiffs filed suit (Fair Labor Standards Act, 29 U.S.C. 207(a)(1)), alleging that Wyndham required sales employees to underreport their hours or altered their timesheets to avoid paying overtime. The district court certified 156 employees from all three positions as a collective action. After a bench trial, the court found that, on average, each employee had worked 52 hours per week during the recovery period and awarded $2,512,962.91 in overtime pay and an equal amount in liquidated damages. The Sixth Circuit affirmed in part. The court properly certified the collective action as to in-house and front-line salespeople. The discovery salespeople, however, had a different title and sold a different product. A common policy cannot overcome the factual differences between the groups (what they sold and when they started work), which goes to the heart of the claim (total hours worked each week). The evidence, “representative, direct, circumstantial, in-person, by deposition, or otherwise,” supports a finding that Wyndham violated the Act by failing to pay overtime. The court remanded the issue of damages. View "Pierce v. Wyndham Vacation Resorts, Inc." on Justia Law