Marriott Sales Rep Alleges Violation of California Meal and Rest Break Requirements

A Marriot timeshare company has been hit with a putative class action over commission pay, raising allegations that the company failed to compensate their employees for hours worked.

According to Law360, Marriott Ownership Resorts Inc. was sued in California federal court on Friday due to alleged violations of California meal and rest break requirements.

The reports of violations of California meal and rest break requirements claim that not only were the employees not paid for hours worked but that there is also a nationwide Class of job applicants who are alleging that the company’s background check included an illegal waiver of liability.

The lead plaintiff, Stacy M., alleges that she had worked for the company between May to December 2016 as a sales executive for Marriott Ownership Resorts Inc., a company that develops and sells vacation times shares.

Stacy alleges that due to the sales representatives’ busy schedules, they were not given meal and rest breaks as is required by federal and California meal and rest break requirements. She hopes to represent the putative Class of California sales representatives and for those who had worked off commission since August 2013. Additionally, she alleges that their hours worked were not documented on their wage statements and they were not properly compensated for overtime hours worked.

According to Law360, Marriott’s own records of its employees does not show any record of them having meal or rest breaks–another violation of California meal and rest break requirements. State law explicitly maintains must be compensated for break periods that are forfeited.

“Defendant required plaintiff and California class members to work off the clock without paying them for all the time they were under defendant’s control performing post-shift duties, specifically by failing to provide enough labor hours to accomplish all the job tasks that defendant expected plaintiff and California class members to complete,” according to the complaint.

The plaintiff also claims that she and other California class members “forfeited time worked by working without their time being accurately recorded and without compensation at the applicable rates.”

The putative class action also contends that the company’s employees who were Marriott sales representatives often had to do more work when they got home, which included making fielded calls. Those hours worked were allegedly uncompensated. The use of personal cellphones while on the job and to make additional sales calls is also a point of contention within the statewide putative class action, as there were no work-related reimbursements.

Marriott’s timeshare business also faced a lawsuit last May, which had accused the company, Marriott and First American Title Insurance Co. of deceiving time-share purchasers into bad real estate deals.

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