Last Updated: 9/07/2017
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What is this Lawsuit about?
The Lawsuit claims Wyndham failed to: pay commissioned Sales Representatives for all time worked in violation of California Labor Code §§1194 and 1197; pay overtime in violation of California Labor Code §510; provide compliant meal or rest breaks or compensation in lieu of those breaks in violation of Labor Code §§ 226.7 and 512 and the applicable Industrial Welfare Commission Wage Orders; pay all wages due at the termination of employment in violation of Labor Code §§ 201 and 202; reimburse business expenses in violation of Labor Code § 2802; provide accurate itemized wage statements in violation of Labor Code § 226; and, violated the California Unfair Business Practices Act. Wyndham denies all allegations in the Lawsuit and contends it complied with the California Labor Code and applicable Industrial Welfare Commission Wage Orders. The Settlement is not an admission of any wrongdoing by Wyndham or an indication any law was violated. In April 2017, the Parties reached a Settlement subject to Court approval (the “Settlement Agreement”).
Who are the Parties in this Lawsuit; how many people are in the Class?
Plaintiff Michelle McGrath was employed by Wyndham as a commissioned Sales Representative in San Diego County in 2013. Plaintiff Veronica O’Boy, was likewise employed by Wyndham in Sonoma County in 2014. Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Worldwide Operations, Inc. and Wyndham Vacation Resorts, Inc. are the Defendants.
There are an estimated 2,083 individuals in the Class who have aggregate of an estimated 84,425 weeks worked during the Class Period.
Who are the Attorneys for the Parties?
Counsel for Plaintiffs and the Class:
FARNAES & LUCIO, APC Malte L.L. Farnaes / Christina M. Lucio/Mitch Murray 2235 Encinitas Blvd., Suite 210 Encinitas, CA 92024 Telephone: 760-942-9432
Counsel for Wyndham Defendants: BAKER & HOSTETLER, LLP Sabrina L. Shadi Shareef S. Farag 11601 Wilshire Blvd., Suite 1400 Los Angeles, CA 90025-0509
If you have questions about the Settlement, contact Counsel for Plaintiff and the Class or the Settlement Administrator. Do not contact Wyndham’s managers or attorneys to discuss the Settlement.
How can I get my Settlement Payment?
If you do nothing, you will automatically receive your Settlement Payment after the Court approves the Settlement at a Final Approval Hearing. You must, however, notify the Settlement Administrator of any change in your name, mailing address and/or telephone number if the information shown on this form is not correct. It is your responsibility to keep the Settlement Administrator informed of any change in your address. Your Settlement Payment will be mailed to the last known address it has on file for you. A Change of Address form and a preprinted return envelope are enclosed for your convenience. You may return it by mail or by toll-free fax: 1-866-645-5839. It is strongly recommended you keep a copy of the Change of Address form until you receive your Settlement Payment. Settlement Payment checks should be deposited soon after receipt. Checks uncashed after 120 days will be forwarded to California’s Industrial Relations Unpaid Wage Fund for further handling.
What am I giving up to get a Settlement Payment?
Unless you exclude yourself, you are staying in the Class, and that means you can’t sue, continue to sue, or be part of any other lawsuit against Wyndham about the legal issues in this case. Specifically, you will be giving up or “releasing” the claims described below:
Release of Claims: After the Court has approved the Settlement, each Settlement Class member who has not submitted a timely and valid request to opt out of the Settlement will be bound by the approval and judgment and will fully release and discharge Wyndham and the Released Parties (‘Releasees’), from all applicable wage and hour claims, rights, demands, liabilities, penalties, fines, debts and causes of action of every nature and description, whether known or unknown, arising from or related to the claims pled in the Plaintiffs’ complaints filed in the Actions or that could have been pled in the Plaintiffs’ complaints in the Actions or in the Amended Consolidated Complaint, including but not limited to claims based on California Labor Code sections 201, 202, 203, 204, 226, 226.7, 510, 512, 1194, 1194.2, 1197, 2802, California Code of Regulations, Title 8 Section 11000 et seq., the applicable Industrial Welfare Commission (IWC) Wage Orders, including 7-2001, Business & Professions Code section 17200-17208 or any related damages, penalties, restitution, disgorgement, interest or attorneys’ fees (“Released Claims”).
How do I get out of the Settlement?
If you wish to pursue a separate lawsuit, with a separate attorney at your own expense, or do not want to participate in the Settlement for other reasons, you should exclude yourself from this case (that is, “opt out” of the Settlement). To opt out and exclude yourself from the case, you must provide a signed and dated letter to the Settlement Administrator requesting to be excluded. The letter must state in substance:
“I wish to opt out of the class action Lawsuit and Settlement entitled McGrath, et al. vs. Wyndham Resort Development Corporation, et al. Case No. 15-CV-1631-JM-KSC filed in the United States District Court for the Southern District of California. I understand that by requesting to be excluded from the Settlement, I will receive no money from the Settlement described in this Notice.”
The opt out request letter must include the case name, case number, your full name, current address, and last four digits of your social security number, signed by you, and must be postmarked and mailed to the Settlement Administrator at the following address (or in the enclosed envelope) on or before November 13, 2017. You may also return it by faxing to 866- 645-5839. Opt out requests postmarked after this date may be disregarded.
If I don’t exclude myself, can I sue Wyndham for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Wyndham for the claims that this Settlement resolves. If you have a claim or lawsuit already against Wyndham, you must speak to your lawyer in that case immediately. You may need to exclude yourself from the Settlement and this Lawsuit to continue your own lawsuit. Remember, the deadline to opt out is November 13, 2017.
If I exclude myself, can I get money from this Settlement?
No. If you exclude yourself, you will not receive a Settlement Payment. The Settlement Payment that you would have been entitled to receive will be redistributed to Participating Class Members. No portion of the Settlement monies will go back to Wyndham as a result of a request to be excluded.
How do I tell the Court that I don’t like the Settlement?
If you don’t think the Settlement is fair, you can object to the Settlement and tell the Court you don’t agree with the Settlement or some part of it. The Court will consider your views. To object, you must send a Notice of Objection Letter saying that you object to McGrath, et al. vs. Wyndham Resort Development Corporation, et al. Case No. 15-CV-1631-JMKSC proposed settlement. The Letter must include your name, address, your signature, and the specific reasons you object to the terms of the Settlement. Mail the objection to the addresses listed below postmarked on or before November 13, 2017.
When and where will the Court decide whether to approve the settlement?
The Court will hold a Final Approval hearing in Courtroom 5D of the United States District Court for the Southern District of California located at 221 West Broadway, San Diego, California 92101 on January 22, 2018 at 10:00 a.m. At this hearing the Court will determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve Class Counsel’s request for attorneys’ fees and litigation costs, the Class Representative service payments, and the Settlement Administrator’s fees and expenses.
The Court may reschedule the Final Approval hearing without further notice to Class Members. However, any Class Member who has filed a Notice of Intention to Appear at the Final Fairness hearing will be notified by Class Counsel of any rescheduling of the date and time of the Final Fairness hearing.
Do I have to come to the hearing?
No. Class Counsel will answer any questions the Judge may have. But you are welcome to come at your own expense. If you mailed a Notice of Objection Letter to the Court and the Attorneys for the Parties, you don’t have to come to Court to talk about it. As long as you mailed your written objection to those shown in Paragraph 17, the Court will consider it. You may also hire and pay your own lawyer to attend if you desire.
May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval hearing. To do so, you must send a letter saying it is your “Notice of Intention to Appear” in the McGrath, et al. vs. Wyndham Resort Development Corporation, et al. Case No. 15-CV-1631-JM-KSC matter. Be sure to include your name, address, and signature. Your Notice of Intention to Appear must be postmarked on or before November 13, 2017 and be sent to the Clerk of the Court, and to Counsel for the Parties at the addresses shown in Paragraph 17, above. (You cannot speak at the hearing if you excluded yourself from the Settlement.)
Who may I contact if I have questions about the Settlement?
You may contact Counsel for Plaintiffs and the Class at the contact information listed below if you have any questions about the Settlement. You may also contact the court-appointed Settlement Administrator by calling toll free 1-877-456-1101, or you may write to McGrath, et al. vs. Wyndham Resort Development Corporation, et al. Class Action Settlement Administrator at the address shown below.
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