A group of former Wyndham Vacation Resorts employees have filed a class-action lawsuit against the timeshare company claiming they were not paid for overtime hours they worked, but a lawyer for Wyndham says the employees chose to work extra hours that they didn’t report in the hopes of making more sales.
The former sales consultants – two from Myrtle Beach, two from Little River and one from North Myrtle Beach– say Wyndham supervisors regularly told them to clock out when they reached 40 hours of work in one week and then continue working off the clock without pay.
Bill Luse, a Myrtle Beach lawyer representing the sales consultants, said Wyndham’s failure to pay overtime is a violation of the federal Fair Labor Standards Act.
Wyndham lawyer Christopher Lauderdale said in court documents that the sales consultants deliberately underreported their hours because they wanted to take additional sales tours – hoping to boost their commissions and bonuses – and knew they would be sent home when they reached 40 hours.
Lauderdale said the claims should be dismissed because the sales consultants submitted false and inaccurate time reports.
A tentative trial date is scheduled for next spring.
Luse wants the lawsuit to cover all current and former Wyndham sales consultants who were not paid for overtime hours since June 2011. The lawsuit would be an opt-in case, which means sales consultant would have to agree in writing to participate.
Luse had asked for a jury trial, but a federal judge this week ruled that the sales consultants waived their rights to a jury trial as part of their employment application with Wyndham.
Lauderdale said in court documents that Wyndham sales consultants are paid weekly on a commission basis. Although they are paid enough money to cover the hours they work each week, that money is considered a “draw” on their future sales commissions.
Orlando, Fla.-based Wyndham is facing similar class-action lawsuits over alleged unpaid overtime in federal courts in Florida and Wisconsin.