Lawsuit against Breckenridge Grand Vacations moves forward
A U.S. district judge has granted a motion to allow a lawsuit against Breckenridge Grand Vacations to move forward as conditionally certified, meaning that others can “opt in” to the case.
Earlier this year, Arthur McMahon, who was formerly employed as a salesperson with the company, filed a class action complaint for how Breckenridge Grand Vacations classifies its salespeople and independent contractors. McMahon is seeking to recover overtime wages and benefits for time worked while employed. He is also hoping to stop the company from classifying its salespeople as independent contractors in the future.
According to court records, to obtain preliminary class-action certification, McMahon needed to assert substantial allegations that he and other salespeople were together the victims of a single practice or policy. McMahon alleged that the company’s business practices and pay policies “impacted all sales personnel in the same manner.”
Breckenridge Grand Vacations argued that McMahon failed to show that he and others were classified as an employee, but according to court records, this was not required at this stage in the legal proceeding. Rather, McMahon just needed to show that a pool of other employees who held similar roles to him existed.
The company also argued that McMahon did not prove that he was similar to other potential class members, but the court document says this argument also fails.
In general, the judge called Breckenridge Grand Vacations’ arguments against certification “unpersuasive.”
Moving forward, McMahon and his team will begin working to identify other potential plaintiffs in the case. In the meantime, the judge ordered Breckenridge Grand Vacations to produce a list of names and contact information of potential class members.
The document states that all current and former sales personnel of Breckenridge Grand Vacations working anywhere in the United States between March 18, 2017 and the present are certified to join the case.
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