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...

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