Court: United States District Court for Eastern District of Tennessee

Case No.: 3:08-cv-00516

Wexler Boley & Elgersma brought this action under the Fair Labor Standards Act, seeking unpaid wages and overtime compensation as required by law for the Class of former and current employees of the defendant. The complaint alleged that, while Westgate purported to hire its time-share condominium sales force as “independent contractors,” it strictly controlled the conditions of their employment such that they were not independent contractors, but employees entitled to benefits. The case settled under terms providing for significant payments to Class members.