NJ Timeshare Co. Escapes Workers' Claims In OT Suit

Law360 (April 1, 2021, 2:57 PM EDT) -- A New Jersey timeshare sales company escaped claims that it misclassified a conditionally certified collective of salespeople as independent contractors and denied them overtime pay, after a federal judge ruled the workers hadn't sufficiently shown they had worked overtime hours, regardless of classification.

In an opinion and order Wednesday, U.S. District Judge Joseph H. Rodriguez granted summary judgment in favor of Flagship Resort Development Corp., saying there were "factual ambiguities" about whether the salespeople worked overtime and so there was no clear Fair Labor Standards Act violation.

"Plaintiffs' unsupported testimony that they each worked in excess of 40 hours per week...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!