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Wyndham To Pay $1.5M To Settle Wisconsin Overtime Wage Dispute

On Wednesday, November 1, 2017, a class of employees led by Thomas Bitner (collectively, the "Plaintiffs") asked the Honorable William M. Conley, of the U.S. District Court for the Western District of Wisconsin, to approve a $1.5 million settlement for claims that Wyndham Vacation Resorts Inc. ("Defendant" or the "Employer") had a policy of requiring employees to perform work off the clock, in violation of the Fair Labor Standards Act ("FLSA").

Thomas Bitner, on behalf of himself and all others similarly situated, originally filed the case in June 2013, alleging Defendant required sales representatives to attend breakfast and weekend events with customers without getting paid. Defendant allegedly instituted the policy to ensure Plaintiffs did not officially work more than 40 hours per week, in an effort to avoid paying Plaintiffs for overtime. Such a policy would be in violation of a provision of the FLSA that requires employers to compensate their employees at least the federal minimum wage for all hours worked.

After Defendant unsuccessfully moved to decertify the class in December 2016, Employer agreed to enter mediation proceedings. The proposed settlement is a mutually agreed-upon resolution that, if approved, would give $1.5 million to the 80 class members and an additional $500,000 for attorneys' fees. The amount is approximately equivalent to 10 hours of unpaid overtime worked per week per class member during the class period.

The legal team at SFMS has significant experience litigating wage and hour and class action matters. If you have any questions regarding this subject or this posting, please contact Nick Lussier ([email protected]) or Chiharu Sekino ([email protected]). We can also be reached toll-free at (866) 540-5505.

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Vogt, R.J. "Wyndham Pays $1.5M To End Wis. Overtime Wage Dispute." Law 360. Last modified on November 1, 2017.

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