# Wyndham being sued by employees over wages



## TUGBrian (Jan 29, 2014)

http://www.wftv.com/news/news/local/wyndham-vacations-facing-lawsuit-overtime-battle/nc6bM/


----------



## Cdn Gal (Jan 29, 2014)

Wow...sadly this doesn't surprise me


----------



## JimMIA (Jan 29, 2014)

Not a big fan of the Wyndham Sales Weasels...

but it's worth noting that the plaintiff _was_ a sales weasel and his law firm is probably the sleaziest firm in Florida.

Not saying there is a credibility problem there rolleyes, but this appears to be one of those marriages made in heaven.


----------



## vacationhopeful (Jan 29, 2014)

Okay -- what is wrong with this picture?

I thought sales weasels in commissioned real estate employment got a straight commission check ... not an hourly wage. I have heard of "training" floor time where a trainee "shadows" a journeyman agent and "learns or gets training" in the particulars of the sales "art" for a short period of time.

But if no sales are generated, does the commissioned agent get a "minimum employee wage" which if a sale happens, the value of the commission check get reduced by the "prepaid" "DRAW the agent received?

Now as for the women employees - there are standards of dress - manicures, pedicures (if sandals or open toe shoes are worm), tanning, jewelry, length of skirt, makeup, etc. This I have been told over a period of a year by one particular licensed & commissioned sales woman.

Now, my other question is, as an employee/contractor of Wyndham, would the mildly deceiving employees be true AGENTs of their employer verses an independent contractor embellishing hearsay to get a paycheck?


----------



## Rent_Share (Jan 29, 2014)

When the employer tells you how and when to do it, that makes you an employee not an independent contractor.  Makes you subject to the minimum wage laws and state overtime requirements if you are mandated to work that many hours and your commissioned income doesn't exceed what you would make if you were paid the hourly minimum wage.

 Most corporations want it both ways, classify you as an independent contractor, but want absolute control of your activities, doesn't pass the smell test

 YOMV


----------



## benyu2010 (Jan 30, 2014)

This is an ex-salesman could not make enough commission and lost the job, and attempt to pull a Hail Mary from Wyndham. In-house sales might be salaried employees, but commission check is what counts for most...the case may shred more light on a few interesting issues...


----------



## vacationhopeful (Jan 30, 2014)

benyu2010 said:


> ...In-house sales might be salaried employees, but commission check is what counts for most...the case may shred more light on a few interesting issues...



Salaried employees DO NOT GET OVERTIME PAY -- only hourly paid workers. At least where I live.

I believe it is a low hourly rate paid by Wyndham for the sales agents with showup time at resorts at 7AM - sales managers and supervisors are paid via base salary, incentives and finally, some partial commission cuts off deals they "save". 

As we all think about what the "rescind" rate is - I am sure there are pay weeks where a salesperson got paid a commission only to have the next pay period check reflect a NEGATIVE balance. And agents who do not close deals, are gone quickly - and the "bad" apples who close deals seem to be brought back AGAIN and AGAIN.

I have one salesman (bad apple) who the hangtag staff knows to tell me that he has been brought back (employed) - AGAIN (4 or 5 times). Been going on for 4+ years now. I was friendly with his GF when she was married to husband and the several police calls I was directly involved with regarding domestic violence, court orders and stalking. GF is no longer employed by Wyndham, I no longer talk to GF and hangtag staff tells me (in wonderment), that she continues to date/live with him.


----------



## benyu2010 (Jan 30, 2014)

vacationhopeful said:


> Salaried employees DO NOT GET OVERTIME PAY -- only hourly paid workers. At least where I live.
> 
> I believe it is a low hourly rate paid by Wyndham for the sales agents with showup time at resorts at 7AM - sales managers and supervisors are paid via base salary, incentives and finally, some partial commission cuts off deals they "save".



Thank you, Linda. I stand correct it is hourly.

We all probably can speculate it is some kind of pay structure to satisfy the requirement of wage/employment status with strong emphasis on commission of successful sales, reflected the nature of the employment. Let's see what court says if it ever goes to trial...


----------



## vacationhopeful (Jan 30, 2014)

benyu2010 said:


> This is an ex-salesman could not make enough commission and lost the job, and attempt to pull a Hail Mary from Wyndham. In-house sales might be salaried employees, but commission check is what counts for most...the case may shred more light on a few interesting issues...



And we can most likely bet this will never be made a public and on the record settlement - after discovery is swapped between the 2 camps and round of veiled threats, a settlement will occur between the lawyers.

I watched the video clip of the salesman with his lawyer - older over 55yo guy (could have been over 65) - smooth voice, but not suave enough in appearance to woo the widows or the alternative life-style group. Must have YEARS of work experience in direct sales based on his polyester suit, paunch and hairstyle (never heard of a hair stylist, dyeing of hair, gym, plastic surgery, lipo, manicure, etc). 

PS I am not a fashion queen or gym cult member - but if you are selling in South Florida - your prospects are not the same population as those visiting Shawnee or Skyline Tower resorts.


----------



## Rent_Share (Jan 30, 2014)

vacationhopeful said:


> Salaried employees DO NOT GET OVERTIME PAY -- only hourly paid workers. At least where I live.
> .



Just stating you are on a salary doesn't protect the employer from paying overtime, there are several tests that need to be met in order for the employee to be truly regarded as exempt. The distinction is often abused

http://www.flsa.com/coverage.html


----------



## vacationhopeful (Jan 30, 2014)

Rent_Share said:


> Just stating you are on a salary doesn't protect the employer from paying overtime, there are several tests that need to be met in order for the employee to be truly regarded as exempt. The distinction is often abused
> 
> http://www.flsa.com/coverage.html



David,
I agree with you - totally. There is a big reason corporations have BIG departments for Human resources (and lots of lawyers).

And lawyers with big firms like to going after big (corporate) fish. That is where the money is - or the insurance - or bad publicity hurts - fewer 
bankruptcies.

Links are always good - thanks for posting.


----------

