Westgate Employees Lose Class Cert. Bid In OT Suit

Law360, New York (November 4, 2010, 2:34 PM EDT) -- A judge has shot down a request for partial class certification in a suit alleging Westgate Resorts Inc. denied employees overtime pay, saying class certification would clash with a conditionally approved collective certification.

Judge Philip Pro of the U.S. District Court for the District of Nevada ruled Tuesday that Westgate employees working in a variety of marketing positions weren’t entitled to Rule 23 class certification because such a designation was incompatible with the Fair Labor Standards Act collective action at the core of the case....
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