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Wyndham Resort California Sales Representatives Settlement

Settlement Structure: Claims Made

Active: Closed

Closed Settlement Statement:

According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.

Case Summary:

This settlement resolves a class action alleging that Wyndham and related companies violated the California Unfair Business Practices Act and also violated California labor law in several ways, by failing to do the following in relation to sales representatives:

  • Pay for all time worked
  • Pay overtime
  • Provide compliant meal or rest breaks or, alternatively, compensation
  • Pay all wages due at the termination of employment
  • Reimburse business expenses
  • Provide accurate itemized wage statements
Docket Number:

15-CV-1631-JM-KSC

Company: Wyndham Worldwide Operations Inc.

Class Period: June 16, 2011 to July 11, 2017

Objection Deadline: November 13, 2017

Exclusion Deadline: November 13, 2017

Final Approval Hearing: January 22, 2018

Proof of Purchase:

No, and it is not necessary to file a claim form.

Eligibility:

You may be eligible if you were a California sales representative for Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Worldwide Operations, Inc. or Wyndham Vacation Resorts who was paid commissions, between June 16, 2011 and July 11, 2017.

Note that Settlement Payments will be characterized as 20% wages (subject to payroll deductions), for which an IRS Form W-2 will be issued; 35% penalties and 35% interest for which IRS Forms 1099 will be issued; and 10% reimbursement of business expenses. Class Members are responsible for paying any taxes due. 

Typical Settlement Amount:

Estimated at $56. 45 for each week worked. Calculated by a formula based on the total number of weeks worked by the class member for Wyndham in California from June 16, 2011 to July 11, 2017 and the number of weeks worked by all class members. Payments will be characterized as 20% wages (subject to payroll deductions); 35% penalties and 35% interest; and 10% reimbursement of business expenses.

Total Settlement Amount: $7,250,000

Class Representative Proposed Incentive Fee:

$7,500-10,000

Law Firms:
Cohelan Khoury and Singer
Farnaes & Lucio APC

Case Name: McGrath, et al., vs. Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc. and Wyndham Worldwide Operations, Inc.

Settlement Website: CA Time Share Commission Sales Settlement

Claims Administrator:
Rust Consulting

Claims Administrator Contact Information:

McGrath v. Wyndham Class Action Settlement Administrator
c/o Rust Consulting Inc. – 5797
P.O. Box 2396
Faribault, MN 55021-9096
Phone: 1 (877) 456-1101
Fax: 1 (866) 645-5839

Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Failure to Pay All Wages Due at Termination, Failure to Provide Proper Timesheets, Failure to Reimburse for Work Necessities, Unpaid Overtime