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If you were  a commissioned Sales Representative in California sometime from June 16, 2011 through July 11, 2017 (the “Settlement Class” or “the Class”). 

A Court authorized this because you have a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decides whether to approve it. This notice explains the lawsuit, the Settlement, your legal rights, the benefits that are available, who is eligible to receive them, and how to get them.

Honorable Jeffrey T. Miller of the United States District Court for the Southern District of California, (“Court”) is overseeing this class action. The case is known as McGrath, et al., vs. Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc. and Wyndham Worldwide Operations, Inc., Case No. 15-CV-1631-JM-KSC (“Action” or “Lawsuit”). 

There was a hearing held on August 7, 2017, and the Court preliminarily approved the Settlement Class and directed you to receive this Notice. The Court will hold a Final Approval hearing on January 22, 2018 at 10:00 a.m., in Courtroom 5D, Fifth Floor, of the Court located at 221 West Broadway, San Diego, California 92101. The Final Approval Hearing may be continued to another date without further notice.

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”).


November 13, 2017
Last day to file a challenge
Last day to file an objection to the Settlement
Last day to file a request for exclusion from the Settlement

January 22, 2018 at 10:00 a.m. (P.D.T)
Final Approval Fairness Hearing


McGrath v. Wyndham Class Action Settlement Administrator
c/o Rust Consulting, Inc. - 5797
P. O. Box 2396
Faribault, MN 55021-9096
Telephone: (877) 456-1101
Fax: 1-866-645-5839
Link to


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