Sales Rep Class OK'd In OT Suit V. Time Share Co.

Law360, New York (February 23, 2009, 12:00 AM EST) -- A judge has conditionally certified a class of commission-only sales representatives who have accused their employer, vacation time share vendor Bluegreen Corp., of willfully misclassifying them as exempt from federal law governing overtime wages.

Chief Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin ruled Friday that the plaintiffs had met the standard of a "modest factual showing" that other employees who might opt into the collective action were similarly situated.

The judge found enough evidence to support the allegation...
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