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This settlement is closed!
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A $7.3 million settlement has been reached in a class action lawsuit alleging Wyndham Resort Development Corporation, Wyndham Vacation Ownership Inc. and Wyndham Worldwide Operations Inc. failed to pay commissioned sales representatives for all time worked, failed to pay overtime, failed to provide meal or rest breaks as required under California labor law, failed to pay all wages due at the termination of employment, failed to reimburse business expenses, failed to provide accurate itemized wage statements, and violated the California Unfair Business Practices Act.
If you were a commissioned sales representative in California at some time from June 16, 2011 through July 11, 2017, you may be entitled to benefits from the Wyndham timeshare class action settlement.
Plaintiffs Michelle Renee McGrath and Veronica O’Boy allege they were employed as salespersons by the Wyndham defendants in California.
According to the Wyndham class action lawsuit, after a two-month training period, salespersons are compensated solely by commission based on the sale of Wyndham products and services. However, they claim they are not paid for time spent in non-sales activities, such as time spent on the work premises waiting to make sales presentations to clients and time spent on rest periods.
McGrath and O’Boy allege Wyndham violated California wage and hour law by failing to compensate salespersons for all time worked and committed other violations of California labor law.
The Wyndham defendants deny the allegations in the California labor law class action lawsuit. However, they have agreed to settle the Wyndham timeshare class action lawsuit to avoid the burden and expense of ongoing litigation.
The Wyndham class action settlement was preliminarily approved following a hearing held on Aug. 7, 2017.
An estimated 2,083 individuals are eligible to participate as Class Members in this Wyndham wage and hour settlement.
Class Members who would like to exclude themselves from or object to the Wyndham wage and hour settlement must do so no later than Nov. 13, 2017.
Who’s Eligible
Class Members of the Wyndham wage and hour settlement include anyone who was a commissioned Sales Representative in California during the period from June 16, 2011 through July 11, 2017.
Potential Award
Varies, based on the total number of weeks each individual Class Member worked during the Class Period and total number of weeks worked by all participating Class Members.
According to the Wyndham settlement notice, Class Members may expect to receive an estimated $56.45 for each week they worked during the Class Period.
Proof of Purchase
N/A
Claim Form Deadline
No Claim Form is required. Payments will automatically be mailed to each Class Member if the settlement becomes final.
Case Name
Michelle Renee McGrath, et al. v. Wyndham Resort Development Corporation, et al., Case No. 3:15-cv-01631 JM (KSC), in the U.S. District Court for the Southern District of California
Final Hearing
1/22/2018
UPDATE: The California Wyndham Timeshare Wage & Hour Class Action Settlement was granted final approval on January 30, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
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
Class Counsel
Isam C. Khoury
Diana M. Khoury
Jeff Geraci
COHELAN KHOURY & SINGER
Malte L. L. Farnaes
Christina M. Lucio
Mitchell J. Murray
FARNAES & LUCIO APC
Defense Counsel
Sabrina L. Shadi
Shareef S. Farag
BAKER & HOSTETLER LLP
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13 thoughts onCalifornia Wyndham Timeshare Wage & Hour Class Action Settlement
I have not yet recieved my check abd my niece at tge same apt. Complex did months ago? Is there anyway to track it or be issued another? I had been having trouble with my box being broken into and possibly it could of gone to wrobg address? 209-454-7642
Everyone I worked with in Anaheim received a check…except me. I called to see what happened but they just told me to wait some more. Ha! Ha! Ha! What a joke.
I received my check and so did three other of my former co-worker!! Santa Rosa, CA !!
No checks in Long Beach or L.A. yet…
Top Action…do you mean the end of March? 35 days after the effective date would bring us to right about…now.
I spoke to some guy the other day at the settlement office. He told me “checks should be mailed in mid-March.” Seeing as we’re smack-dab in the middle of “mid-March” one can only assume that he means in the coming week or so…
The Claims Administrator has told me a few times, checks can be expected to be mailed mid-March.
1-877-456-1101
What is the status of the payouts for the Wyndham Class action? When will checks be mailed?
I am a party to this action. I was an employee at Wyndham, Anaheim, CA.
The settlement was granted final approval on 1/30/18. There is a 30 day period in which appeals can be filed. Claims will not be paid until this period expires with no appeals. There are no appeals filed as of today, which is good news. You can contact the settlement administrator with any questions about the status of your claim. Please keep checking Top Class Actions for updates. We will let our viewers know as soon as we learn that checks are in the mail!
What is the status now ?
Jeff!! Ive been waiting for mine too!! Lol
No appeals filed, which is good news. It is not known how quickly claims will be paid.
According to the settlement agreement, claims will be paid approximately 35 days after the Effective Date. This would be towards the end of April. Ofcourse, the timeline could change depending on the claim review and audit process.