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Pierce v. Wyndham Vacation Resorts, Inc.

United States District Court, E.D. Tennessee, Knoxville

January 29, 2018

JESSE PIERCE and MICHAEL PIERCE, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
WYNDHAM VACATION RESORTS, INC., and WYNDHAM VACATION OWNERSHIP, INC., Defendants.

          MEMORANDUM OPINION

          C. Clifford Shirley, Jr. United States Magistrate Judge

         This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73(b) of the Federal Rules of Civil Procedure, and the consent of the parties, for all further proceedings, including entry of judgment [Doc. 193].

         This matter came before the Court on October 10, 2017, for a bench trial, which continued through October 27, 2017. After the bench trial, Defendants filed a Motion for Partial Findings and Conclusions Regarding Representative Evidence [Doc. 403]. Plaintiffs filed a Response [Doc. 407] in opposition to the Motion, and Defendants filed a Reply [Doc. 412]. Further, both parties filed their Proposed Findings of Fact and Conclusions of Law [Docs. 417, 418], and Responses thereto [Docs. 420, 422, 424, 425], which the Court has considered. Accordingly, for the reasons further explained below, the Court DENIES Defendants' Motion [Doc. 403] and will enter a decision in favor of Plaintiffs.

         I. BACKGROUND

         The Court has repeatedly summarized the background of this case. The Court, however, finds the background information helpful in its decision and will again summarize the history of this matter.

         By way of background, Defendants (collectively, “Wyndham” or “Defendants”) provide family destination vacations. Customers purchase points that may be used for vacations at Wyndham resorts or other locations. Wyndham employs three groups of sales representatives: (1) Front-Line Sales Representatives, (2) In-House Sales Representatives, and (3) Discovery Sales Representatives. Wyndham's Tennessee operations span to four Wyndham properties. The Smoky Mountain Region includes two properties located in Sevierville: the Crossing and the Lodge. The Wyndham Nashville (“Nashville”) and the Wyndham Resort at Fairfield Glade (“Glade”) comprise the other Tennessee region.

         The Complaint in this matter was filed on October 23, 2013. [Doc. 1]. The Complaint alleges that certain sales representatives who worked at Defendants' offices worked off the clock and were not paid for working in excess of forty hours in a work week. [Id. at ¶ 2]. The Complaint alleges that Defendants willfully violated the Fair Labor Standards Act (“FLSA”). [Id. at ¶ 3]. The action was conditionally certified on August 21, 2014. [Doc. 84]. Specifically, the collective action was defined as follows: Current and former non-exempt, commission-paid: (1) Front-Line Sales Representatives, (2) In-House Sales Representatives, (3) Discovery Sales Representatives, who were employed at Defendants' Tennessee Resorts between October 21, 2010, to October 31, 2013.

         After the District Judge conditionally certified this action, the parties spent several months disputing over the proposed notice and opt-in form. The District Judge entered an Order with respect to the appropriate notice and opt-in form on June 1, 2015. [Doc. 125]. Subsequently, on May 31, 2016, the parties consented to the undersigned for all further proceedings. [Doc. 193].

         The undersigned set a scheduling conference, but it was continued so that the parties could participate in mediation. [Doc. 197]. The mediation was unsuccessful, and the Court conducted a scheduling conference with the parties on September 15, 2016. [Doc. 203]. During the scheduling conference, the parties stated that they had agreed to allow Defendants an additional twenty-four (24) depositions. [Id.]. The Court also set a hearing to address sample representation and allowed the parties to file briefs regarding the appropriate sample representation. [Id.].

         At the hearing, Plaintiffs proposed a sample representation of two groups: (1) opt-in Plaintiffs who worked as sales representatives at one of Defendants' four Tennessee resorts for more than six months (Group 1); and (2) opt-ins Plaintiffs who worked as sales representatives at one of the Defendants' four Tennessee resorts for less than six months (Group 2). [Doc. 215]. Through random sampling, Group 1 consisted of 35 representative Plaintiffs (out of 139 opt-in Plaintiffs), and Group 2 consisted of 13 Plaintiffs (out of 25 opt-in Plaintiffs). [Id.]. Thus, both groups represented 25% and 50% of each group, respectively. [Id.]. At the hearing, Defendants argued that there should not be any sample representation in this case. [Id.]. Defendants continued that they should be permitted to take each and every Plaintiffs' deposition. [Id.]. After hearing from both parties, the Court limited discovery to the Plaintiffs' representative sampling because it appeared to be “fair and proportional to the needs to the case” and would “minimize the burden of Plaintiffs and their counsel while still allowing the Defendants an opportunity to depose these alleged representative Plaintiffs to determine the similarity and ability to serve as representatives and/or to determine if there is any basis to their various defenses.” [Id.]. The Court continued:

Once the parties complete discovery of the representative Plaintiffs, if the Defendants contend that either the Plaintiffs' claims or the Defendants' defenses are too distinct or too individualized to permit this subset of representative Plaintiffs to be used to establish a collective class action and/or liability and/or damages, then Defendants may move for either additional discovery beyond the representative list and/or try to establish class decertification.

[Id.]. Later, and because Defendants had earlier agreed with the Plaintiffs to take only twenty-four additional depositions, Defendants moved the Court to allow them to depose the remaining members in the Plaintiffs' sample representation. The Court granted [Doc. 254] Defendants' request.

         On June 30, 2017, Defendants moved for decertification, which this Court denied [Doc. 362] on October 3, 2017.[1] In its decision, the Court analyzed the three-factor test outlined in O'Brien v. Ed Donnelly Enters. Inc., 575 F.3d 567, 584 (6th Cir. 2009), abrogated on other grounds by Campbell-Ewald Co., v. Gomez, 136 S.Ct. 663 (2016), and found that Plaintiffs were similarly situated to proceed to trial as a collective action. [Doc. 362]. With respect to Defendants' arguments that the representative proof in this case was inadequate, the Court held that Plaintiffs met their burden to proceed as a collective action but whether Plaintiffs had actually presented representative testimony of liability and damages of the collective action was reserved for trial. [Id. at 12].

         As mentioned above, the case proceeded as a bench trial on October 10, 2017, and continued through October 27, 2017. The Court will summarize the testimony below.

         II. EVIDENCE

         Plaintiffs presented live testimony of twenty-six witnesses. In addition, they submitted the deposition testimony of five Plaintiffs and four defense witnesses. [Doc. 414-1]. They also submitted depositions of rebuttal witnesses. [Doc. 416]. Defendants presented live testimony of nine witnesses. They also designated thirty-two depositions. [Doc. 351]. The Court will summarize the live testimony below.[2]

         A. Plaintiffs' Evidence

         Due to the volume of the testimony and the number of exhibits submitted at trial, the Court will not separately summarize each individual witnesses' testimony. The Court will only separately summarize the testimony of a few witnesses, such as the managers, who provided background information. The Court will then summarize the remaining testimony collectively by location.

         1. Kristen Creson

         Kristen Creson (“Creson”) testified that she was employed with Fairfield in 1999 and stayed with Fairfield until it was purchased by Wyndham in 2000 or 2002. [Doc. 378 at 11]. While employed with Wyndham, she worked in several positions, including positions in accounts payable, contract processing, and quality assurance. [Id. at 12]. In addition, she worked as an inventory analysist in Orlando, Florida. [Id. at 14].

         Creson testified that in January 2004, she began working as the administration manager at Wyndham's Nashville location. [Id. at 16]. This change in position was a promotion. [Id.] She testified that she was responsible for everything, such as building maintenance, accounts payable and receivables, and payroll. [Id. at 16-17]. She was the highest level of authority with respect to administration. [Id. at 17]. She worked as the administration manager in Nashville from January 2004 through May 2013. [Id. at 19]. She testified that she left her position because Wyndham asked her to leave, explaining that Wyndham was tired of her complaining about payroll issues, which turned out to be the issues in this case. [Id. at 20].

         She explained the hierarchy in Nashville with respect to sales: site vice president, site director of sales, sales managers and then sales representatives. [Id. at 21-22]. She stated that prior to January 2009, sales representatives were classified as exempt. [Id. at 26]. In January 2009, Wyndham reclassified its sales representatives, companywide, as overtime eligible (i.e., non-exempt). [Id.]. She believed this change was a result of a lawsuit that was filed in Las Vegas. [Id.]. She explained that in January 2009, Wyndham changed its compensation plan, wherein sales representatives received an hourly pay, plus overtime, in addition to commission. [Id. at 26-27]. The hourly pay was minimum wage. [Id. at 28]. The minimum wage pay and the overtime pay on the minimum wage was “recoverable” by Wyndham. [Id. at 29-30]. The overtime pay on commissions, however, was “not recoverable” by Wyndham. [Id.]. Creson stated that she noticed in the financial documents a new line item shortly after January 2009, which was called “non-recoverable overtime pay.” [Id. at 30]. Management did not know what the new line item meant, but it was Creson's job to determine its meaning. [Id. at 30-31]. She was able to determine that this new line item was non-recoverable overtime commission pay. [Id. at 31]. Creson explained that “recoverable” means that Wyndham takes the minimum wage overtime pay back out of the sales representatives' commissions and that “non-recoverable” means that Wyndham does not take the overtime pay back out of sales representatives' commissions, and it would go directly to the employees in addition to their commissions. [Id. at 32].

         Creson stated that upper management, including the site vice president, the director of sales, and the director of marketing expressed concerns of having to pay overtime to sales representatives because it adversely affected the net operating income. [Id. at 41-42]. Overtime pay affected upper management's compensation plan because the compensation plan included a component for a net operating income bonus. [Id. at 42]. Creson testified that the better bottom-line performance at a site equaled a higher compensation for upper management. [Id. at 42]. In order to handle this new overtime pay, Creson testified that upper management in Nashville instructed everyone that sales representatives could not receive overtime and that they had to manage their hours. [Id. at 46-47]. She explained that upper management included the site Vice President, Dave LaBelle, and the Directors of Sales, Jerry Prosise and Mike Carneal. [Id. at 48]. Creson continued that when the classification of sales representatives was changed from exempt to non-exempt, she was told to “doctor” timecards to show less than forty hours, and thus no overtime worked, on the time records. [Id. at 34].

         The sales managers were also told that sales representatives could not receive overtime. Sales representatives were instructed to clock in while they were with customers but to clock out if they were not with customers, despite continuing to work. [Id. at 49, 51]. Sales representatives were instructed to show under forty hours per week. [Id. at 51]. Creson stated that sales representatives had hectic days, so Dave LaBelle and Jerry Prosise told Creson it was her job to ensure that sales representatives showed less than forty hours on the time records. [Id. at 52]. She was instructed to, and did, use WynTime to “doctor” time cards in order to ensure Sales Representatives showed less than forty hours on their time records. [Id.]. She stated that in Nashville, it was her responsibility and her staff's responsibility to “doctor” time. [Id. at 59]. She explained that she used WynTime on a daily basis to input lunches on timecards and to clock sales representatives out early. [Id.]. She stated that she was instructed to, and did, whatever was necessary to keep sales representatives' time records showing under forty hours per week. [Id. at 59-60]. She testified that she did not know whether sales representatives actually took a lunch break and that with respect to her edits, 90% of them were done to keep sales representatives' hours under forty and were not made as legitimate time edits. [Id. at 60].

         Creson testified that each month, she attended meetings with the site vice president and all other department heads, such as site marketing, administration, resort management, human resources, training director, and the quality assurance director. [Id. at 32-33]. Sometimes, the area Vice President, Dave LaBelle, would also attend the meetings.[3] [Id. at 33]. During these meetings, each department head briefed issues and accomplishments. [Id.]. Creson stated that she brought timecards with her to these meetings to make it a point to them that she needed signatures for the corrections. [Id. at 33-34]. She testified that the timecards she brought to the meetings had been doctored and that she brought them to show examples of missing signatures. [Id. at 34]. She testified that she refused to make timecard “corrections” without the sales representatives' signatures. [Id.]. She stated that she wanted the help of the site managers to obtain the sales representatives' signatures. [Id. at 34-35].

         Creson testified that she grew tired of being the middle man. [Id. at 61]. She explained that she became the middle man because when she attempted to obtain signatures on the edited timecards from the sales representatives, they stated that the edited time was not correct. [Id.]. She directed them to talk to their sales manager. [Id.]. Creson testified that she eventually transferred the doctoring/editing of time records to sales managers because sales representatives were not part of her staff and sales managers should have been editing the time. [Id.].

         She testified that everyone knew this (i.e., altering timecards) was happening at every level because she sent emails on Tuesdays, Wednesdays, and Thursdays. [Id. at 52]. She began sending emails because sales representatives and sales managers did not care about details, and she was tired of cleaning up their mess. [Id. at 53]. She explained that on Tuesdays, she identified the sales representatives who (1) had thirty-two hours or more, (2) had missing “punches, ” or (3) worked more than five hours per day without a recorded break. [Id.].[4] She put their names in an email that she sent to the site vice president, the site In-House and Front-Line Sales Representatives, the sales managers, and to her corporate counterparts, Corey Miller and Mellissa Camper, the regional administrative directors. [Id. at 53-54]. She sent these emails so that the sales managers would be aware of the issues with the timecards and they could then doctor/edit the timecards identified. [Id. at 54]. The subject line of the emails were “WynTime/payroll/employee information for the week.” [Id.]. She testified that she sent these emails for years. [Id.]. She continued that Miller and Camper never called or inquired about the emails. [Id. at 57].

         Creson testified that the emails were important because time was of the essence since sales managers could make changes in WynTime during the current pay period. [Id. at 62]. Once the pay period closed, however, sales managers did not have access to make WynTime changes, and she would have to do it for them. [Id.]. She stated that the pay period closed Friday at 8 a.m., eastern standard time, despite Nashville being located in central time zone. [Id.]. If the managers failed to reduce hours, then Creson made the edits. [Id.]. She tried to avoid having to make the edits by sending the emails (discussed above) while the pay period was still active. [Id.]. She continued that the managers' edits were similar to the edits she made, including edits showing three hour lunches or showing that a sales representative left early, such as 1:00 p.m. [Id. at 63]. She stated that some managers would get lazy and just put 9 a.m. to 5 p.m., or the exact same start and end time, to the minute every day and testified, “You can't get any lazier than that.” [Id. at 63-64]. She continued that they (managers and herself) had no choice but to edit sales representatives' time. [Id. at 64]. She explained that the site vice president and the director of sales instructed her and the sales managers to edit sales representatives' time. [Id. at 65].

         Creson further testified that she did not like falsifying timesheets and that she expressed her concerns to Dave LaBelle because she had a good working relationship with him. [Id. at 65-66]. She also expressed concerns to Miller and Camper and to Dottie Justice (who was either the area Human Resource Officer or the regional Human Resource Officer). [Id. at 66]. She recalled telling Justice that falsifying timesheets was a “lawsuit waiting to happen.” [Id.]. She also expressed her concern during the sales meetings and testified that she viewed as the “squeaky wheel.” [Id.]. Creson stated that when she complained to LaBelle, Prosise, or Justice, “their response was to blow [her] off.” [Id.]. Creson was told the sales representatives needed to “manage” their time and time records and if they cannot, Creson was to “help” them. [Id. at 66-67].

         Creson also testified that she attended business unit meetings, where she would meet with her counterparts from other resorts at Corporate in Orlando, Florida. [Id. at 67]. She continued that after one meeting, a few individuals went to dinner, including Pam Borger, the Administrative Director in South Florida; Judy Warren, the Administrative Director in Orlando; Amanda Pedigo, the Administrative Director at the Glade; and Donna Parton, the Administrative Director at the Smokies. [Id. at 68-69]. Creson explained that during dinner, they discussed as follows:

We all had our own individual policies of how we doctored the time and how we went about getting signatures and covering our tails. So we just started bouncing ideas off of each other, who did what, how they did it, and who they assigned it to. Because we didn't have time as admin directors to do it all the time, so we had to have assistants that did some of our legwork for us.

[Id. at 71]. Creson explained, “We all shared what we were doing.” [Id.].

         Defendants did not cross examine Creson, and thus, did not challenge Creson's testimony on a single point. Nor did Defendants call Dave LaBelle, Corey Miller, Mellissa Camper, Dottie Justice (or any of the individuals that she had dinner with in Florida) as witnesses to rebut her accusatory testimony regarding their knowledge and instructions as to “doctoring” time sheets of the sales representatives.

         2. Testimony of David Nelon

         David Nelon (“Nelon”) worked as a manager and as an In-House Sales Representative at the Crossing during the Recovery Period.

         Nelon testified that he began working for Fairfield Communities, Inc., in July 1980. [Doc. 375 at 85-86]. Nelon stated that Fairfield Communities, Inc., changed its name to Fairfield Resorts, which then became part of Syndic Corporation. [Id. at 87]. Syndic Corporation split into four companies that eventually became Wyndham. [Id. at 87-88]. He retired from Wyndham in April 2014. [Id. at 88]. Throughout his years employed with Wyndham, he worked at various locations, including Lake Lure, North Carolina, and the two locations in Sevierville, Tennessee. [Id. at 91, 99]. Nelon testified that he did very well at Wyndham, citing his status as a “Legend, ” which means he was given extra benefits by the company, including invitations to attend President's Trips as a top sales representative. [Id. at 99-102].

         In 2009, Nelon testified that he left Lake Lure, North Carolina, and went to work at the Smoky Mountains. [Id. at 123]. He noted that he had worked long hours at Lake Lure, but more at the Crossing because it was “a machine.” [Id. at 108]. He described the three different types of Sales Representatives: (1) Front-Line Sales Representatives; (2) In-House Sales Representatives; and (3) Discovery Sales Representatives. [Id. at 117-118]. He continued that it was the same selling process with all three positions: meet with customers, close, and follow-up. [Id. at 119, 122]. In-House Sales Representatives attempted to sell to people who already owned timeshares. [Id. at 118]. Front-Line Sales Representatives attempted to sell to people who did not already own a timeshare. [Id. at 118, 120]. Discovery Sales Representatives attempted to sell a discovery package to people who had declined an offer from the In-House Sales Representative or the FrontLine Sales Representative. [Id. at 118]

         Nelon continued that regarding the Recovery Period (October 21, 2010, to October 31, 2013), he was employed from October 21, 2010, to July 19, 2012, he was employed as a manager at Wyndham. [Id. at 140]. He was employed as an In-House Sales Representative from July 19, 2012, to October 31, 2013. [Id. at 178].

         Nelon testified that Wyndham began requiring employees to clock in and out “roughly” at the end of 2009, while he was still employed at Lake Lure. [Id. at 126]. When Wyndham began using the time clock, Wyndham instructed him to clock in when he arrived, clock out within six hours, and then clock back in and out during the day. [Id. at 126-127]. Even though sales representatives did not take breaks, they were required to show a break on their timecard. [Id. at 127]. When explaining why breaks were not taken, Nelon testified that timeshare sales are different than many other businesses “because you're running and gunning, as they say in the office, all day long.” [Id. at 128]. Nelon testified that there was no time for a break. [Id.]. Nelon testified that taking lunch breaks did not start until sometime after 2013 and that immediately after the instant lawsuit, several changes were made, including not providing customers with the sales representatives' cell phone numbers. [Id. at 128-29].

         Nelon testified that as a manager he had to ensure that sales representatives' timecards reflected a break before six hours and ensure that timecards did not show more than forty hours worked. [Id. at 130-31]. With respect to breaks, Nelon testified that he would log in to the computer and review his sales representatives' hours, and if anyone had more than six hours, he would adjust the time to show a break. [Id.] He testified that no one ever mentioned that sales representatives could receive overtime and that “[e]verybody would have been clocked in and clocked out and we wouldn't be here today if we knew that there was overtime.” [Id. at 131]. He testified that he adjusted his sales representatives' hours as required every Thursday before the timecards were turned in on Friday mornings. [Id.]. He testified that no one ever explained that sales representatives were legally entitled to overtime based upon commission rates for all hours worked over forty. [Id. at 133]. He testified that as a manager, it was his responsibility to ensure that the time records of the sales representatives stayed under forty hours and that the actual number of hours actually worked were not reflected on the time sheets because they “had no relevance.” [Id. at 134]. He continued that the sales representatives who he supervised were all actually working in excess of forty hours per week but that he was instructed by management to adjust their timecards and to do so by Thursday night. [Id.]. Accordingly, their actual time worked was not reflected on their timesheets.

         Nelon testified that the sales representatives had a hard time remembering to clock in and out because there was no incentive to do so. [Id. at 140-41]. He stated that he was not sure how it worked at other locations, but he received emails on occasion from Amanda Hill, the commissions analyst, asking him to obtain a sales representative's signature on the WynTime sheet, which showed that the hours had been altered. [Id. at 141, 48]. He explained that the company did not care about the actual break time as long as the timecards reflected a break. [Id. at 141-42]. In addition, he stated that corporate did not care about the time of arrival reflected on a timecard, as long as there was some arrival time reflected. [Id.]. He stated, “They explained it was about liability.” [Id. at 142]. He continued that there was simply no attempt to be accurate. [Id. at 179].

         Nelon testified that all managers had access to WynTime, the computer program used to document hours. [Id. at 141, 143]. As an example of how hours were altered, Nelon identified an email from Amanda Hill requesting Jim Acee's and John Geissberger's approval to insert breaks for sales representatives' timecards that showed more than six hours a day. [Id. at 147, Ex. 930]. With respect to Jesse Pierce, there were no hours on his timecard, so Hill requested permission to alter his timecard to show that he worked from 8 a.m. to 5 p.m. for five days. [Id. at 149, Ex. 930]. Geissberger responded within seven minutes, stating, “Approved.” [Id. at 156, Ex. 930]. Nelon stated that this is an example of similar emails that he received from Hill. [Id. at 155]. He stated that Geissberger was the Director of Sales for In-House Sales Representatives and that Jim Acee was the Director of Sales for Front-Line Sales Representatives. [Id. at 155, 157-158]. In addition, Nelon testified that the sales representatives identified in the email did not usually take lunch breaks and that he (Nelon) did not confirm with the sales representatives that the alterations to their timecards were correct. [Id. at 150-52, 156].

         Nelon explained that it was the sales representatives' responsibility to clock in and out sometime during the day and to make sure that they reflected a break on their timecards. [Id. at 153]. It was the managers' responsibility to double-check the sales representatives' timecards and that it was Amanda Hill's responsibility to double-check the managers to ensure that the timecards were completed before Thursday. [Id.]. Nelon stated that with respect to employees who needed a lunch break, Hill usually just inserted a break for those sales representatives from 11:00 a.m., to 11:30 a.m., and that she adjusted other timecards to reflect an arrival time of 8:00 a.m., and a departure time at 1:00 p.m. [Id.]. After the changes were made, Nelon stated that he was required to obtain the specific sales representative's signature on a Missed/Changed Punch Notification Form (“Punch Form”) and that the Punch Form was then placed into a binder. [Id. at 163]. A Punch Form shows the date and the time that was changed and an “explanation” or reason for the change. [Id.]. Nelon testified that, normally, the explanation provided on the Punch Form was “forgot.” [Id.] The explanation on the Punch Form was usually completed by the manager, and the explanation provided was normally fictitious. [Id.]. Nelon testified to receiving a number of emails from Hill, wherein Hill adjusted time cards and instructed him to obtain the sales representative's signature on the Punch Form. [Id. at 159-68, Ex. 976]. Nelon continued that the sales representatives' time as reflected in the company's records is “all bogus.” [Id. at 168].

         Nelon testified that Geissberger instructed him to make sure that breaks were reflected in WynTime and sales representatives' hours shown were no more than forty in WynTime. [Id. at 170-71]. Geissberger stated that the company was no longer going to pay overtime. [Id.]. Other managers said the same, including Larry Whaley and Lisa Jarvis, who were both senior managers. [Id. at 172-74]. Nelon testified that he was constantly changing time records. [Id. at 177]. He continued that all managers “were taught to do the same by the same people in the same way.” [Id. at 178]. He clarified that as a manager, he was aware that sales representatives' time records did not accurately reflect the time that they actually worked and that he did not think it mattered since “they were not going to get paid on it or compensated or benefited by it at all.” [Id. at 180]. Nelon stated that for example, with respect to Ronald Banks, he (Nelon) clocked him in at 5:00 p.m., and then realized that he (Banks) was close to forty hours, so he clocked Banks out at 5:12 p.m. [Id. at 216-17. [Ex. 1619A]. Nelon continued that it was his specific responsibility as Banks's supervisor to alter his time. [Id. at 217]. Nelon testified to other examples of altering time cards, similar to the above alterations. [Id. at 218-228, Ex. 1619B, 1619C, 1622A, 1622B]. For instance, on Terry McGlothin's Punch Form, [Ex. 1622A], the reason provided was, “Forgot was too busy!” Nelon stated that this meant that McGlothin was on a table or out on a tour, working. [Id. at 226]. The other Punch Form for Terry McGlothin, [Ex. 1622], stated, “Busy.” [Id., Ex. 1622B]. Nelon clocked out sales representatives, even though he knew that at that time they were still working. [Id. at 218-223].

         Nelon testified that Terry McGlothin was on his team. [Id. at 259]. Nelon stated that there was a situation with McGlothin not having insurance coverage for a medical issue. [Id.]. Apparently, this was due to his time records not showing enough hours worked to qualify for coverage. [Id. at 259-61]. John Geissberger spoke with the managers and the employees and stated, “Look, make sure, when you clock in and out-we've got to make sure that you're having at least 30 hours show upon the clock.” [Id.]. Nelon stated that John Geissberger sent him an email on July 19, 2013, stating as follows:

You are responsible for doing you[r] wyntime clocking in and out, as well as keeping up with how many hours you have each week. You must have an average of 30 hours a week or 1250 hours in a 12 month time frame, if you have less then that you would not have full support of the wyndham programs. Please respon[d] to this email.

[Ex. 658]. Nelon responded, “I will keep track, ” and testified that Geissberger was aware that sales representatives were working many hours and that the clocking in and out was fictitious. [Id. at 258-59]. He explained that Geissberger was explaining in this email, “If you want to keep your insurance, you better show up on that clock-at least 30 hours that show up on the clock.” [Id. at 260].

         Nelon testified that the hours on his own timecards were not accurate and that he worked more hours than they reflected. [Id. at 375 at 182-83, Ex. 387]. In addition, he testified that the hours on his earnings statements were also incorrect. [Id. at 187-88, Ex. 60]. When asked whether Wyndham's time records during the Recovery Period, which reflected Nelon averaged 29.4 hours per week, were accurate, Nelon testified that the average was incorrect. [Id. at 202-03, Ex. 3245]. He continued that during his time at Wyndham, a senior manager or the director of sales reviewed different policies and that he had to acknowledge that they reviewed the policies with him [Id. at 205]. Nelon testified that there were many times that he was instructed to sign a document or face disciplinary action. [Id. at 206].

         As mentioned above, Nelon was also an In-House Sales Representative during the Recovery Period. [Id. at 118]. He stated that every day the managers and the sales representatives had a meeting. [Id. at 175]. In addition, part of his duties as an In-House Sales Representative was to “run tours.” [Id. at 108-110]. A “tour” simply refers to visiting a unit and attempting to arrange an appointment with the timeshare owner at the office. [Id. at 110-11]. Nelon testified that it would take approximately an hour to two hours for each tour. [Id. at 109]. Tour sheets, which included the owner's name, room number and account number, were distributed in the morning. [Id. at 110]. Before taking a tour, Nelon testified that he reviewed the owner's timeshare history to give him an idea of the vacations that the owner likes to take and whether the owner was losing any points. [Id. at 112]. He also obtained a packet that the marketers put together, brochures of activities in the area, and a gift Wyndham provided. [Id.]. The goal of the tour is to schedule an appointment to come back to the office. [Id. at 113].[5] The length of tours varied from twenty minutes to several hours. [Id.]. A meeting with the owners in the unit is called “setting the hook.” [Id.]. Nelon testified that he conducted three to four tours per day. [Id. at 246]. He stated that once an appointment was set, a sales representative received another tour or if the appointment was immediately after the visit to the unit, the sales representative would continue with the appointment. [Id. at 238].

         Nelon testified that tours were set in waves, which meant that the marketers scheduled the tours at different times. [Id. at 249]. In between tours, sales representatives continued working, such as making telephone calls, preparing for the next day, and discussing work with other sales representatives. [Id. at 249-50]. The ideal situation is for a sales representative to conduct a tour in the morning and schedule an appointment with that customer and then come back to the office for an appointment that was set from the previous day. [Id.].

         With respect to closing a contract, Nelon testified that when a contract was entered into the system, the paperwork would be put into a stack for the quality assurance department. [Id. at 253]. The quality assurance officer would review the paperwork for approximately thirty minutes and then met with the customers with the sales representative present. [Id.]. Once the customer signed the paperwork, the quality assurance officer took the paperwork to the contracts department to make copies. [Id. at 254]. The quality assurance officer came back to the office to answer questions about ownership and then the sales representative escorted customers back to the office area. [Id.]. The sales representative also escorted the customer to his/her car and later completed a follow-up sheet. [Id. at 255]. Nelon testified that back-enders and front-enders were both required to stay and close the deal. [Id. at 258].[6] Nelon identified an email dated July 11, 2012, from John Geissberger to Nelon and several other individuals that stated as follows:

All,
I have said this over and over both reps must stay for the closing! Any rep that is not on site at the time of the closing will be on overage all day on their next work day with a coaching note in their file!
Any manger letting this happen will get a coaching note as well.
End of story.

[Id., Ex. 1046].

         Nelon testified that the closing process on average took approximately an hour and fifteen minutes. [Id. at 255]. Nelon further testified that there were times that he was not clocked in during a closing. [Id. at 255-56, Ex. 3236].[7] With respect to Exhibit 3236, Nelon testified that the entries in blue describe situations that he or his manager clocked him out before the closing of the contract was completed. [Id. at 256-57]. He stated that the yellow entries indicate that he was not clocked in. [Id. at 252]. The red entries indicate situations where he closed a contract but he did not clock in at all that day. [Id. at 255].

         Nelon stated that during the Recovery Period as a sales representative, he worked approximately fifty to sixty hours per week, which did not include the time that he spent working away from the premises. [Id. at 228-29]. For instance, he was required to follow up with owners or present owners with a certificate for an extra week's vacation. [Id. at 229, 232-33]. He also participated in platinum appreciation weekends, wherein Wyndham would invite existing owners to the resort. [Id. at 230]. He stated that all sales representatives were required to send letters to customers and provide customers with their personal cell phone number so that customers could contact them after hours. [Id. at 232]. Nelon further identified an email dated January 17, 2012, that he sent to Matthew Chodak, the senior Sales Manager and Nelon's supervisor. [Id. at 234-36, Ex. 1024]. The email is entitled, “Commitment Meeting, ” and Nelon explained that they had a meeting to discuss the plans for the year. [Id. at 234]. The email states, “Every night do your home work, ” which Nelon stated means to send letters and call owners every night. [Id. at 236].

         Nelon also testified that sales representatives would participate in nightline. [Id. at 237-38]. He explained that typically many owners check in after 4:00 p.m. [Id. at 237]. When owners checked in, a marketer would let the owner know that a sales representative would visit the unit in thirty minutes to an hour to check on the unit and answer questions about his/her ownership. [Id.]. The sales representative was given a tour sheet with the owner's information, and the sales representative visited the unit to attempt to schedule an appointment with the owner. [Id.]. Sales representatives attempted to schedule these appointments immediately after visiting the unit or the following day. [Id. at 238]. The sales representative tried to schedule the appointment at times that the sales representative did not have a tour or if a sales representative was working with a back-ender, the sales representative would try to schedule the appointment when the back-ender was also free. [Id.].

         Nelon testified that he usually began his workday at 7:30 a.m., and stopped his workday at roughly between 5:30 p.m. and 8:30 p.m. [Id. at 239]. He continued, however, that there were occasions where he went home but continued working. [Id.]. He testified that he spent roughly twelve hours per week making telephone calls, writing letters, and participating in party appreciation weekends and nightline. [Id. at 249-50]. The average number of hours that he testified to above did not include these additional twelve hours. [Id. at 240]. He explained that he arrived at that estimate by calculating his arrival time at 7:30 a.m., and his departure time, which was normally 5:30 p.m., to 8:30 p.m., on a daily basis. [Id. at 241]. He stated that his wife quit cooking supper because they never were able to eat together. [Id.].

         Nelon testified that sales seemed to slow down in January but the amount of time and effort put into making a sale and following up on sales did not change at all. [Id. at 243]. Nelon stated that in January and February, sales representatives reviewed old tour sheets and called owners using their notes from the tour sheets. [Id. at 243-44]. In addition, sales representatives participated in road shows where they visited restaurants and hotels and invited owners back to the hotels and restaurants. [Id. at 244]. Finally, Nelon testified that a day involving tours, telephone calls, and follow-ups was a typical workday for all the sales representatives that he worked with and that he supervised. [Id. at 261].

         On cross examination, Nelon testified that sales representatives thought it was a waste of time to clock in and out because Wyndham recouped the hourly wage that sales representatives received. [Id. at 263-64]. He stated that he never told sales representative that someone else could clock them in and out. [Id. at 268]. He continued that no one complained that his/her time was not recorded correctly. [Id.]. In addition, he identified a few of his earning statements wherein he was paid overtime. [Id. at 284, Ex. 60]. Further, Nelon testified that he signed several documents, including the Salesperson Agreement, the Business Principles, Employee Policy Handbook, Timekeeping and Overtime Policy. [Doc. 377 at 12-16, Ex. 4023A-C, 4035]. In addition, Nelon identified his W2 statements, reflecting the amounts that he earned at Wyndham during the Recovery Period. [Id. at 18, Ex. 4037].

         The Court notes that Nelon's testimony regarding John Geissberger, Amanda Hill, Lisa Jarvis, and Larry Whaley was not impeached, nor were these individuals ever called witnesses by Defendants.

         3.Testimony of Jeff Cross

         Jeff Cross (“Cross”) testified that he worked as a manager and as a sales representative at the Glade. Cross stated that he currently works for Wyndham as a Senior Sales Associate at the Glade. [Doc. 383 at 150]. He began working for Wyndham in the 1980s when the company was named Fairfield. [Id.]. He left the company “for a while” and came back in April 2007. [Id.]. He testified to the following dates of employment with Wyndham, along with his positions:

• May 2010 to August 2010, he was an In-House Sales Manager;
• August 2010 to September 2011, he was the Senior Sales Manager;
• September 2011 to August 2012, he was a selling manager; and
• August 2012 to January 2013, he was a Senior Sales Representative.

[Id. at 151-52]. He took a leave of absence in January 2013 and came back in April 2013 as a Senior Sales Representative, which is his current position. [Id. at 152]. As the In-House Sales Manager, his duty was to manage the team of representatives and to drive revenue for the site. [Id. at 153]. As the Senior Sales Manager, he was in charge of all the sales managers, making sure that they managed the teams and drove the results on the sales floor. [Id] He testified that the senior sales manager position is the equivalent of the director of sales position at the other locations. During that time, he supervised In-House, Discovery, and Front-Line Sales Managers. [Id].

         Cross testified that in 2009, when Wyndham began using a time clock, he was an In-House Sales Representative. [Id. at 156]. He testified that managers instructed the sales representatives that their timecard must reflect a lunch break, regardless whether a lunch break was taken. [Id] In addition, managers stated that sales representatives could not be clocked in while they were not on tour and that no one could receive over forty hours. [Id]. Management told sales representatives the above during sales meetings every morning. [Id. at 157]. With respect to how sales representatives were paid, Cross testified that they were told by management that they would be paid a minimum wage upon clocking in, which had to be paid back. [Id.]. He testified, “Obviously, the more time you spent on the clock, the more money you had to pay back.” [Id.]. They were never told overtime would be paid on commissions. [Id.]. He continued that he was instructed to clock out and continue working by managers. [Id. at 158].

         Cross testified that when he was a manager, he was instructed, and thus instructed his sales representatives, to clock out and continue working. [Id. at 159]. He instructed them to clock out while they were not on tour, even though they were not allowed to leave the site and they continued working on other matters. [Id.]. When asked why he instructed his sales representatives to clock out and continue working, he testified, “Because we were told - and I was told - to tell them that they had to pay that money back. And the fact that it was affecting bonus hurdles, it affected the bottom line, the profit of that site, the NOI, it was a chain reaction to everything.” [Id. at 159-60].

         Cross continued that as a manager, he received daily emails from Camille Combs, the Human Resource Representative for the Glade. [Id. at 160-61]. The emails included information regarding sales representatives' timecard entries, including whether they were missing a punch, whether they were approaching thirty-two hours, or whether they had made a sale while they were not clocked in. [Id. at 161]. Cross stated that if a sales representative was approaching 32 to 38 hours, he/she was instructed to clock out and continue working. [Id.]. Combs sent these emails to the in-house manager, the front-line manager, the discovery manager, and the senior manager. [Id.]. If there was no senior manager, she sent the email to the director of sales. [Id. at 162]. She also sent the email to the site vice president, who was Pat Burk at the time and then later Mike Carneal. [Id. at 161-62]. Cross testified that he heard conversations between Combs and Carneal about altering sales representatives' time in the computer instructing her that no one gets overtime and to keep the time under forty hours. [Id. at 162]. Cross testified that he did not complain about working off the clock because he understood that overtime would just be paid back in commissions. [Id. at 165]. He stated that he would not have worked off the clock if he would have known that was entitled to overtime on commission. [Id. at 165-66].

         Cross continued that overtime greatly affected the bottom-line profit, which in turn affected each manager's bonus hurdle and the vice president's, the senior vice president's, and the area vice president's pay. [Id. at 167]. Cross stated that he heard Vice President Mike Carneal and the area supervisor at that time, Dave LaBelle, discuss how overtime incurred would affect the profit of the site. [Id. at 168].

         Cross testified that his hours reflected on his earnings statements were a joke. [Id. at 183, Ex. 1682, 1685, 1687]. Cross testified that he consistently worked seventy plus hours in a workweek during the Recovery Period. [Id. at 168]. He stated that he typically arrived at work at 7:00 a.m., and worked ten to twelve hours. [Id. at 169]. He continued that when Mike Carneal became Vice President, he (Carneal) had an “all in all day” policy, meaning that every sales representative was there all the time. [Id.]. In addition, at the Glade, sales representatives participated in “late night, ” which means that they visited units when guests checked in about 5:00 p.m. [Id. at 170]. Cross testified that the sales representative tried to “hook” the guest to come straight back to the office or the next morning. [Id.]. Cross stated that “late night” typically ran until 9:00 p.m. [Id.]. In addition, Cross stated that the sales representatives consistently worked “six-ones, ” meaning a sales representative worked six days and was off one day. [Id. at 171]. Cross continued that he personally worked six and seven days per week all the time, once working three weeks straight without a day off. [Id.]

         Cross testified that he worked on his days off and that he would work “continuances” on his days off. [Id. at 172-73]. He explained that a “continuance” means when a sales representative is able to schedule a sales presentation with the customer after visiting with the customer in his/her unit. [Id. at 173]. He also came in on his days off to work his hero tour. [Id.].[8] In addition, Cross testified that he also performed work when he got home, such as making telephone calls. [Id.]. He further testified that there was an off season at the Glade from January to February but that he did not work less hours. [Id. at 175-76]. He explained that he did not work fewer hours because he participated in dinner parties and party weekends and Wyndham did not replace people who “fall by the wayside” until the first of March. [Id. at 176]. He also traveled during this time for road shows to other states, which were week long trips. [Id. at 176-77].

         On cross examination, Cross acknowledged that he was paid overtime on several occasions when some cards “got through” and he was on the clock for over forty hours. [Id. at 190-92, Ex. 1687]. In addition, Cross acknowledged that one Punch Form reflected sixty-three hours of work. [Id. at 198, Ex. 4654A]. Cross further acknowledged that he signed several Wyndham documents, including Salesperson Agreements, Business Principles, Employee Policy Handbook, Timekeeping and Overtime Policy, and the Standards of Performance Agreement, Sales Representative. [Id. at 192-93, Ex. 4649A-G]. Cross also testified that he signed the Ownership iPad Acknowledgment, which states that he was required to obtain prior authorization from his manager before using the iPad for work-related activities to work from home or to work overtime hours. [Id. at 194-95, Ex. 4649G]. Finally, Cross identified his earnings as reflected on his W2 statements from 2012 to 2013. [Id. at 195, Ex. 4655A].

         The Court notes that Cross's testimony regarding Camille Combs, Mike Carneal, Dave LaBelle was not impeached, nor were they ever called as witnesses by Defendants.

         4. Other Testimony

         The Court will now turn to the non-managerial testimony. Although the testimony did not vary by location, the Court finds the most logical way to summarize the voluminous testimony is to do so by location.

         Plaintiffs presented live testimony of twenty-five Plaintiffs.[9] Out of those twenty-five Plaintiffs, two Plaintiffs worked in Nashville: Michael Pierce, Sr., and Alana Cheij.[10] Further, three Plaintiffs worked at the Glade: Jeff Cross, Danny Chappell, and Jimmy Dixon.[11] The remaining Plaintiffs worked at either the Crossing, the Lodge, or both: James Abbott, Kisa Abbott, Claudia Bogardus, James Campbell, Danny Chappell, Russ Cooper, Brenda Davis, James Dodson, Belinda Drew, Thomas Garrett, Lee Johnson, Perry Magee, David Nelon, Jesse Pierce, Michael Pierce, Sr., Tony Siler, Rebecca Slone, Bobby Stallings, Bryan Tesh, Craig Thrift, and Angela Woods.

         a. Nashville

         As mentioned above, Alana Cheij (“Cheij”) and Michael Pierce, Sr., (“Pierce, Sr.”) worked at the Nashville location during the Recovery Period. Because Pierce, Sr., worked primarily at the Crossing, the Court will not include his testimony in this section. Cheij's testimony is summarized as follows:

         Cheij was hired in the Spring of 2011 and worked as a Front-Line Sales Representative for a few months and then became an In-House Sales Representative. [Doc. 376 at 59]. She testified that the jobs were similar but as an In-House Sales Representative, she sold to people who already owned timeshares. [Id. at 64]. Cheij testified that she was told she was not permitted to be on the clock for over forty hours. [Id. at 61-62]. Cheij stated that it was her In-House Sales Managers, Eric Florek and Twila Higgins, told her not to clock in for more than forty hours a week. [Id. at 63-65]. Cheij continued that Florek made it very clear that sales representatives were not allowed to be “clocked in” for over forty hours but “not that we weren't to work over 40 hours.” [Id. at 63]. She was told there was no overtime policy. [Id. at 62]. She testified sales representatives were verbally reprimanded if they went over forty hours. [Id. at 82]. Cheij testified to a number of ways that Wyndham implemented this policy. For example, she was required to reflect lunch breaks on her timecard, despite not taking a lunch break. [Id. at 65]. She was also instructed by her managers if she was getting to close to 40 hours, to clock out and not to clock in during certain times or events, such as in between tours, dinner parties, or nightline. [Id. at 69-85]. She was told by Florek that she was required to stay at work, on the property, even if clocked out. [Id. at 83]. Cheij explained that in between tours, she performed other responsibilities, such as referrals, checking on other customers, answering e-mails, or waiting for the next tour. [Id. at 85]. She further testified that her work hours were reduced by her managers on the computer and that she was required to complete Punch Forms when her managers changed her hours. [Id. at 80]. With respect the Punch Forms and timecards, Cheij testified that they do not accurately reflect her actual hours at work and that she did not recognize her signature on a few of the Punch Forms and timecards. [Id. at 99-100; Ex. 1905]. In addition, she stated that her managers brought her blank Punch Forms for her to sign. [Id. at 91-92]. Cheij testified that she was not aware that she was entitled to overtime pay that could not be recouped. [Id. at 80]. Further, she testified that her timecards do not accurately reflect her hours. [Id. at 91].

         Cheij testified that she conducted “tours, ” which simply means a sales presentation. A tour could last several hours. Cheij continued that after she completed a tour, the customer would either purchase or decline to purchase. [Id. at 72]. If the person wanted to purchase, she would write-up the proposal. [Id.]. The contracts department would then type the real estate contract, which could take a while because there was a significant amount of paperwork. [Id. at 72-73]. In addition, the sales representative had to wait his/her turn for the contract to be printed. [Id. at 73]. After the contract was printed, the sales representative waited on the quality assurance department. [Id.]. The quality assurance department actually conducted the real estate closing and facilitated the signing of all the paperwork. [Id.]. The quality assurance officer and the sales representative discussed background information and the reasons why the customers decided to purchase. [Id.]. The customers then met with the quality assurance officer and the sales representative to sign all the closing documents. [Id. at 73-74]. Once all the paperwork was signed, the sales representative provided copies to the customers and walked them to their vehicle. [Id. at 74].

         Cheij testified that she was required to stay through the closing in case the customer had any questions. The time it took to close a contract varied from two hours to four or five hours. She stated that it depended on how many other sales were occurring, meaning that the contracts department or quality assurance department were really busy. She stated that each day was different, but on average, she had about four tours per day. She testified that she closed contracts while not clocked in. [Id. at 110, Ex. 3236]. In one example, Cheij closed five contracts, despite her timecard reflecting that she was not clocked in the entire day. [Ex. 3236].

         Cheij testified that she also participated in dinner parties, which were simply sales presentations that occur over dinner. [Id. at 84]. Sometimes she would not clock in for dinner parties. [Id.]. Cheij testified that her managers, Florek or Higgins, instructed her to not clock in and that dinner parties lasted approximately four hours. [Id. at 83-84].

         Further, Cheij testified that she also participated in nightlines. Nightlines occur when sales representatives were assigned a tour when a guest checked in to the resort. Nightlines generally began at 4:00 p.m., and concluded when guests stopped arriving at the resort, approximately 9:00 p.m. or 10:00 p.m. Cheij worked nightlines about one or two times per week.

         Cheij also participated in party weekends. Cheij explained that party weekends were special promotions where Wyndham invited people to stay at the resort for free in exchange for attending a sales presentation. [Id. at 67]. Cheij explained that these occurred one or two times per month. [Id.].

         Cheij testified that she worked between five to six days per week both as a Front-Line Sales Representative and as an In-House Sales Representative. [Id. at 69]. She testified that she had one day off but often she came in on her days off as well. [Id. at 70]. For example, Cheij explained that she came in on her day off if a sales presentation from the previous day was continued, but if she was close to forty hours she did not record her time. [Id.]. She stated that guests were there to enjoy their vacation, so sometimes they had plans and they would return the next day to finish the sales presentation. [Id.].

         In addition, Cheij testified that she worked from home. [Id. at 86-87]. Cheij explained that she received telephone calls and emails from customers with questions or concerns. [Id. at 87]. Cheij explained that her managers knew that she worked from home because she discussed her work with them the next day. [Id. at 88]. She did not record the time that she spent performing work at home because it was her understanding that she was not supposed to record that time. [Id. at 88-89]. Cheij stated that she averaged about fifty-five hours per week but that average did not include the time that she performed work at home. [Id. at 88]. She further stated that she received about four to five telephone calls each week and that they would last from thirty minutes to an hour. [Id. at 87]. In addition, she spent a couple of hours each week responding to emails. [Id. at 87-88]. It was her understanding that she was not supposed to record the time worked at home. [Id. at 88-89].

         Cheij testified that she complained about working off the clock. [Id. at 104]. She scheduled a meeting with human resources, but the meeting never took place. Instead, she was called to meet with Dennis Moore, the Director of Sales. [Id. at 106]. Jonas Weather, the Director of Quality Assurance, was also in attendance, along with the human resource officer. [Id. at 107-08]. During the meeting, Cheij stated that she was working all these hours and not getting paid for it. [Id. at 107]. She testified that no one responded to her statement. [Id.]. She requested that she be transferred to the quality assurance department, and she was permitted to transfer. [Id. at 108-09]. She stated that when she worked with the quality assurance department, she was paid hourly because she no longer received commissions. [Id. at 109]. Cheij resigned from the company when she moved to Florida. [Id. at 111].

         On cross examination, Cheij acknowledged that during her deposition, she could not recall the amount of time she spent working from home and the number of tours she took each day. [Id. at 116]. In addition, she acknowledged that during her deposition, she testified she clocked out to take a lunch break once or twice a week during her employment. [Id. at 117]. Cheij testified that there were numerous times that she was paid overtime. [Id.]. Cheij also acknowledged her signature on several Wyndham documents, including a Salesperson Agreement, Business Principles, Standards of Performance, Timekeeping and Overtime Policy Acknowledgment, the Employee Policy Handbook Acknowledgment Form. [Id. at 124, 133-36, Ex. 3484A, 3494, 3501, 3496, 3497]. Finally, Cheij identified her earnings as reflected on her W2 statements for 2011 and 2012. [Id. at 136-37, Ex. 3490].

         The Court notes that Cheij's testimony regarding Eric Florek, Twila Higgins, Dennis Moore, and Jonas Weather was not impeached, nor were they called as witnesses by Defendant.

         b. Glade

         Three Plaintiffs testified that they worked at the Glade during the Recovery Period: Danny Chappell, Jimmy Dixon, and Jeff Cross. The Court has summarized Jeff Cross's testimony above and will not repeat it herein. With respect to Chappell, he worked primarily at the Crossing and only a few months (April 2013 to September 2013) at the Glade. Therefore, the Court will only summarize Dixon's testimony below.[12]

         Dixon testified that he initially worked as a Front-Line Sales Representative at the Glade but later became an In-House Sales Representative. Sales representatives were paid an hourly rate and a commission, but the hourly pay was recouped once a sale was made. [Doc. 386 at 10-11]. He stated that overtime pay was also recouped. [Id.]. Dixon testified that he was told to manage his hours to ensure that his hours were forty or less during the workweek. [Id. at 11-12]. He was never told that he was legally entitled to overtime pay. [Id.]. He testified that, to the contrary, during the first few weeks as a sales representative, he accumulated overtime, but the human resource representative and his team manager told him that Wyndham does not pay overtime. [Id. at 12]. He continued that they adjusted his time so that it would not reflect overtime. [Id.]. His Sales Manager was Jeff Hughes and the Human Resource Representative was Camille Combs. [Id.].[13]

         Dixon continued that as a Front-Line Sales Representative, the last tour began at 2:00 p.m., and that as an In-House Sales Representative, the last tour began at 3:00 p.m. [Id. at 13]. Hughes instructed Dixon to clock out if Dixon was not on tour. [Id.]. Hughes also directed Dixon to clock out but continue working. [Id. at 14]. He testified that neither his timecards, nor his earnings statements, accurately reflected the actual number of hours worked each week at Wyndham. [Id. at 17-18, Ex. 1701, Ex. 1699, Ex. 1703]. He continued that they do not accurately reflect his actual hours because team managers helped monitor the time to make sure sales representatives did not exceed forty hours per week. [Id. at 18]. Team managers instructed sales representatives to clock out and to stay on site while waiting for the next tour. [Id.].

         Dixon testified that Punch Forms were given to sales representatives to make adjustments to their timecards. [Id. at 19]. Dixon testified, “For example, if we were supposed to be taking lunch, say from 11:30 to noon and we were on a table running a tour, we would work through that. And then sometimes before the end of the pay period, Combs would bring the documents to our team managers and we would sign the adjustments to keep our time under its appropriate level.” [Id. at 19-20]. He stated that the adjustments had to be made by Combs or the team manager. [Id. at 20]. The explanation on the Punch Form usually stated, “I forgot, ” but that was not an accurate explanation. [Id. at 21]. Punch Forms were used to get time under forty hours. [Id.].

         Dixon testified that he averaged fifty-five hours per week and that he worked five to seven days per week. [Id. at 22]. Dixon stated that once a sale was closed, he was required to follow- up with the client by letters, postcards, or telephone calls. [Id. at 24]. Sales representatives were required to stay on site during closings and were required to walk the client to his/her car. [Id. at 24-25]. Dixon stated that he closed contracts while he was not clocked in. [Id. at 25, Ex. 3236].

         Dixon testified that he participated in nightlines, which was when a sales representative was assigned a guest when the guest checked in. [Id. at 26]. He testified that nightlines began at 4:00 p.m., or 5:00 p.m., and he participated in nightlines about three times per month. [Id. at 26-27]. He also participated in dinner parties two or three times a month. [Id. at 28]. During a dinner party, he met his clients for dinner at one of the restaurants on-site and then the next morning, he met them for breakfast and a sales presentation. [Id. at 27]. In addition, he participated in road shows, wherein he traveled over the Midwest and the North. [Id. at 28]. He participated in road shows during the second week in December but came back for Christmas. [Id.]. He left again after the first of the year and traveled until mid-January. [Id.]. He did not clock in for nightline or for dinner parties. [Id. at 28-29]. With respect to road shows, there were manual timesheets, but everyone recorded the same time because the manager controlled the timesheet. [Id. at 29]. He continued that the sales representatives recorded the same time and that at the end of the trip, it was presented to the sales representatives for their signature. [Id.]. The timecards, however, were not accurate. [Id.].

         Dixon continued that there was an off-season from mid- December to mid-January but that it did not affect his hours because he participated in roadshows. [Id. at 30]. He further testified that he worked from home, sending follow-up letters or cards and making telephone calls. [Id. at 31-32]. He stated that it was not uncommon to perform work from home and that he on average, he spent thirteen hours performing work from home. [Id. at 32-33]. The hours worked from home were not included in the fifty-five hours per week that he testified to above. [Id. at 33]. Dixon was ultimately terminated when he drank after a dinner party and did not pass a breathalyzer that his site manager administered to him. [Id. at 33-35].

         On cross examination, Dixon stated that he did not keep a journal of his hours. [Id. at 44]. In addition, he stated that he could not recall the minimum number of hours that he worked in a week. [Id. at 45]. He testified that several of his earnings statements reflected overtime, ranging from 15 minutes to 5.25 hours. [Id. at 45-54, Ex. 1699]. He continued that he may have received that overtime pay in a pay period but that if he made a sale, it was later recovered. [Id. at 49]. He testified that he signed the following documents: Salesperson Agreement (Non-California); Wyndham Vacation Ownership Employee Policy Handbook Acknowledgement Form; Business Principles Acknowledgement Form; Wyndham Vacation Ownership Timekeeping and Overtime Policy Acknowledgment; Wyndham Vacation Ownership Standards of Performing Agreement, Sales Representative; and Notices of Corrective Action. [Id. at 54-56, Ex. 3598A-H]. Finally, he testified that the Notices of Corrective Action relate to his failure to meet the minimum standards for Wyndham's volume per guest requirements. [Id. at 59].

         The Court observes that Defendants did not call either Jeff Hughes or Camille Combs as witnesses to rebut any of Dixon's testimony.

         c. Lodge

         There were three Plaintiffs who stated that they worked exclusively at the Lodge during the Recovery Period: Lee Johnson, Tony Siler, and Angela Woods. Johnson worked as an In-House Sales Representative; Siler worked as a Front-Line Sales Representative; and Woods worked as a Front-Line Sales Representative.[14] Siler is still employed by Wyndham. [Doc. 377 at 37].

         Siler testified that in 2009, employees began clocking in and out and that Wyndham started paying its employees minimum wage and commissions but that Wyndham recovered the minimum wage. [Doc. 377 at 39-40]. He stated that he was told not to get overtime because it was something they would have to pay back. [Id. at 40-41]. All three Plaintiffs testified that they were not allowed to reflect over forty hours on their timecards, despite working more than forty hours each week. [Docs. 377 at 41; 378 at 125; 383 at 13]. Siler testified that all three of his managers, Jackie Wallace, David Bill and Bryce Berkompas, stated that no one could clock in for more than forty hours and that Wallace was “paranoid” about overtime. [Doc. 377 at 51-52]. In addition, all three Plaintiffs testified that they were not made aware that they were entitled to overtime for hours worked over forty. [Docs. 377 at 39-40; 378 at 128; 383 at 15]. Woods testified that her manager, Connie McGlothin, told her to clock out in between tours and to clock in while on a tour. [Doc. 383 at 12]. Woods stated that while she was clocked out, she shadowed other sales representatives or trained on the computer. [Id.]. Siler testified that sometimes managers instructed him to clock out while he was still talking to customers and that it was like a code, “Hey, get a lunch break in.” [Doc. 377 at 52].

         In addition, all three Plaintiffs testified that they signed Punch Forms. Woods testified that she does not believe the adjustments on the Punch Forms were accurate because her manager, Connie McGlothin, used the Punch Forms to adjust her time to under forty hours. [Doc. 383 at 13]. She also stated that she never initiated such changes. [Id.]. Johnson testified that he never initiated the changes on the Punch Forms and that most of the time, his managers wrote the explanation and that he just initialed. [Doc. 378 at 135-36]. He stated that the Punch Forms were usually signed on Wednesdays or Thursdays because time had to be approved on Thursday before the deadline. [Id. at 138]. Johnson continued that he signed Punch Forms that were blank. [Id.]. Siler also testified that he signed blank Punch Forms. [Doc. 377 at 55]. He explained that he never provided an explanation for the changes and that his managers always wrote the explanation for him. [Id.]; see also [Ex. 1993E].

         Johnson testified that his time detail [Ex. 1837] does not accurately reflect the number of hours that he worked and that he worked much more than what was reflected in the time detail and that there were significant gaps in the time detail. [Doc. 378 at 134]. For example, he explained that he rarely worked five hours per day and that there are many days on his time detail that reflect only five hours per day. [Id.]. With respect to the changes made on his timecards, Johnson testified that many of the initials or signatures were not his. [Id. at 139-41, Ex. 2149A-C]. He also testified that he closed contracts on days that his time detail reflected zero hours. [Id. at 143-51, Ex. 1836A-F].

         Siler testified that the hours reflected on his earnings statements [Ex. 497] do not represent the hours that he actually worked. [Doc. 377 at 56-58]. He testified that, for example, it was simple math that a sales representative could not work six days in the summer and only reflect seventeen hours per week. [Id. at 58]. He stated that he may have worked twenty hours per week in January and February but not in the other months. [Id. at 59]. He explained that in January and February, there were not as many tours, unless it was a holiday, such as Martin Luther King, Jr., Day or Valentine's Day. [Id.]. He stated that a number of the signatures and/or initials on the Punch Forms were not his. [Id. at 64-69, Ex. 1993A-H].[15] He also testified that he closed contracts when he was not on the clock. [Id. at 108]; see also [Ex. 3236].

         Woods testified that neither the time detail, nor her earnings statements, reflected the hours that she worked. [Doc. 383 at 17-19, Ex. 1827, 1825]. She explained that she did not want to complain about not recording all her hours because she did not want to lose her job and that she was unsure if anyone else had complained. [Doc. 383 at 19]. She stated that she did not want to be the only person who complained. [Id.].

         With respect to the average number of hours worked, Woods testified that she worked at least fifty hours or more each week, Johnson testified that he worked at least sixty hours per week, and Siler testified that he worked on average, fifty to sixty hours per week. [Docs. 377 at 59; 378 at 130, 383 at 16]. Siler continued that in January and February, his average was probably twenty to thirty hours per week, unless it was a holiday weekend. [Doc. 377 at 59]. He stated that his pay checks would have been correct in January and February. [Id. at 83].

         Siler testified that sales representatives participated in a morning meeting, which typically started at 8:00 a.m. [Doc. 377 at 43]. Siler testified that tours came in waves: 8:30 a.m., 10:30 a.m., and 3:00 p.m. [Id. at 43-46]. He stated that tours typically lasted two hours, unless the customer agreed to purchase. [Id. at 46]. He continued that it may take a significant amount of time to close a contract, depending on whether the contracts department was busy. [Id. at 48]. After the contract was typed, the customer met with the quality assurance department, which took about thirty to fifty minutes. [Id.]. Siler testified that he stayed on the property during the closing in case the customer had a question and that he walked his customers out. [Id. at 50]. He stated that the average time to close a contract was about an hour and fifteen minutes. [Id. at 48]. Siler testified that he was scheduled five days a week but that in October and on holidays, he typically worked “six ones, ” meaning six days of work and one day off. [Id. at 51]. He also stated that if a sales representative received a sale from the previous day, he/she was expected to work the following day, even if it was his/her day off. [Id.].[16]

         Johnson and Siler both testified that they participated in party weekends, in which owners were invited to a complimentary stay and the sales representatives took the owners out to dinner and to entertainment, and the following day, the owners attended a sales presentation. [Docs. 377 at 42, 378 at 130-31]. Johnson testified that he also worked nightlines. [Doc. 378 at 131]. Johnson explained that nightlines were to contact guests who had just checked in. [Id.]. In addition, Siler testified that he worked off premises returning e-mails and telephone calls from clients. [Doc. 377 at 81].

         On cross examination, Woods acknowledged that she received overtime for ten hours on one paycheck. [Doc. 383 at 20, Ex. 1825]. She testified that she was not familiar with nightline and did not participate in nightline. [Id. at 20-21]. She stated that there were days in which she did not have a tour. [Id. at 21]. She stated that fewer sales representatives where there in the evening than in the daytime hours. [Id.]. In addition, she testified that she could not recall the fewest hours that she worked in a week, nor could she testify to the largest number of hours that she worked in a week. [Id. at 21-22]. She did not keep a written record of the hours she worked. [Id. at 22]. She further testified that she did not make any commissions because she never made a sale during her employment. [Id.]. She stated that because she did not make a sale, she was assigned tours in the afternoon. [Id.].

         On cross examination, Johnson testified that there were times he did not clock in in the mornings and that his clock in times were the same, but the lunches and the clock out times were fictitious. [Doc. 378 at 152-53]. He testified that Wyndham wanted its top performer to work nightlines. [Id. at 155]. In addition, he acknowledged that during his deposition, he testified that the slow season began in mid-December as opposed to January. [Id. at 155-56].

         On cross examination, Siler testified that he complained to his manager one time about the timekeeping policy but that his manager stated, “It is what it is. We work for commissions.” [Doc. 377 at 84-85]. He continued that no one wanted to “make a big stink about it.” [Id.]. He stated that he worked on average about twenty to thirty hours in January and February and fifty to sixty hours per week in the other months. [Id. at 95]. He stated that if he did travel, it would have been in January and February and he added two days off to his already scheduled two days off. [Id.]. He assumed his recorded time in January and February was accurate. [Id. at 96-99]. He also stated that he took lunches in January and February but did not lunch breaks during the other months. [Id. at 100]. He does not have a personal record of his hours. [Id. at 102].

         All three Plaintiffs testified that they signed a number of Wyndham's forms, including the Salesperson Agreement, Employee Handbook, and Acknowledgment of Time Keeping and Overtime Policy. [Ex. 4263, 4245, 4253, 4250, 4254, 4255, 4257, 4258, 3811A-E, 441, 443, 448, 4438, 4439]. Finally, they all acknowledged their earnings as indicated on their W2 Statements. [Ex. 4266, 3817, 4448].

         The Court observes that Defendants did not call Jackie Wallace, David Bill, or Bryce Berkompas to rebut the above testimony.

         d. Crossing

         There were four Plaintiffs who stated that they worked exclusively at the Crossing during the Recovery Period: Brenda Davis, David Nelon, James Shannon Abbott, and Bobby Stallings.[17]The Court will also include Michael Pierce, Sr.'s testimony and Danny Chappell's testimony in this section because, as explained above, they spent a majority of time during the Recovery Period at the Crossing.

         During the Recovery Period, Chappell worked as an In-House Sales Representative, Bobby Stallings worked as a Discovery Sales Representative, Brenda Davis worked as an In-House Sales Representative, Shannon Abbott worked as an In-House Sales Representative, and Michael Pierce, Sr., worked as a Front-Line Sales Representative.[18] [Docs. 383 at 30; 389 at 10, 43; 384 at 50; 392 at 214, 218]. Abbott currently works for Wyndham in California. [Doc. 384 at 49].

         All five Plaintiffs testified that their managers told them that they could not reflect more than forty hours on their timecard. [Docs. 389 at 10, 50; 384 at 61; 392 at 245; 383 at 34]. Specifically, Chappell testified that if he was close to forty hours, his manager directed to him clock out or if he was busy, his manager would clock out for him. [Doc. 383 at 35]. His manager directed him to sign a Punch Form, and if he did not sign it, he would not be assigned a tour. [Id. at 35-36]. Stallings testified that his manager, Rosemary Meyers, instructed the sales representatives to clock out for lunch and stay clocked out during the next tour. [Doc. 389 at 11]. This happened a few times per week. [Id.]. Davis testified that her first manager, Cory Burkhartt, told his team that he had “repeat offenders” and that he was tired of having to doctor sales representatives' time. [Id. at 50]. Burkhartt reminded the sales representatives not to be clocked in for over forty hours. [Id.]. Davis stated that she had similar conversations with all of her managers. [Id.]. For example, Davis testified that another manager, Susan Middleton, specifically told her (Davis) to clock out while she was working and that Middleton would interrupt Davis during presentations and direct her to clock out. [Id. at 51]. Davis continued that she would excuse herself and go clock out and then continue the presentation. [Id.]. Middleton warned that if sales representatives' hours were not under forty, they would be reprimanded, meaning that they would not receive a tour. [Id. at 52-53]. Davis stated that she began setting an alarm on her telephone to remind herself to clock out. [Id. at 52].

         Abbott explained that in 2008, sales representatives were not required to clock in and out but in February 2009, Wyndham used time clocks. [Doc. 384 at 70]. He continued that his managers, including Kyle Smith, John Geissberger, Susan Middleton, Russ Cooper, Stefanos Kambanellos, and Lisa Jarvis, all made it clear that sales representatives could not reflect over forty hours on their timecard. [Id. at 71]. He was instructed to clock out but continue working. [Id. at 72]. He stated that his managers explained that timekeeping was just a nuisance for legal purposes and that sales representatives were paid by taking a client. [Id. at 74]. Finally, Pierce, Sr., testified that all of his managers instructed him not to clock in for more than forty hours and that he clocked out while he was on tours. [Doc. 392 at 245-246].

         Chappell testified that his managers told him not to worry about clocking out that they would take care of that for him. [Doc. 383 at 40]. He explained that if he was going to be at Wyndham for ten hours, managers clocked him out after lunch. [Id. at 36]. He continued that it was standard operating procedure for managers to enter time and that managers walked around with three ring binders that contained Punch Forms. [Id. at 41]. Chappell stated his manager, Susan Middleton, presented Punch Forms in the morning before tours and that if sales representatives did not sign them, they would not receive a tour. [Id. at 35-36] He further stated that David Nelon presented Punch Forms on Wednesdays or Thursdays and that sales representatives signed them all at one time. [Id. at 47]. In addition, Chappell testified that sometimes he did not even sign the Punch Forms and his managers signed them for him. [Id. at 41]. He stated that he did not typically take a lunch break and that managers would also clock him out for lunch breaks that he did not take. [Id. at 45]. He testified that he also signed blank Punch Forms. [Id. at 46].

         Davis testified that it was her responsibility to ensure she did not record more than forty hours and that if she forgot, she was called out in meetings and was required to complete and sign a form. [Doc. 389 at 54-55]. She testified that Wyndham required her timecards to show a lunch break, despite not taking a lunch break. [Id. at 70]. She explained that she could count on one hand how many lunch breaks she took during her employment and that when her stomach growled, she clocked out. [Id.].

         Stallings testified that he talked to his manager, Rosemary Meyers, about his hours, but that she never wanted his timecards to show more than forty hours, which meant that he had to clock out early many times. [Doc. 389 at 18]. His manager directed him to not clock back in after lunch. [Id.]. He also explained that Meyers brought him blank forms to sign. [Id.]. He was not sure what the forms were actually called and stated that Meyers did not share the information on the forms. [Id. at 18-19].

         Abbott testified that his managers made sure that he did not reflect over forty hours on his timecard. [Doc. 384 at 71]. He stated that he was told to clock out when he was not on tour, although he was not allowed to leave the building in case a tour was scheduled. [Id. at 73]. He stated that people were constantly checking in, so sales representative needed to be there. [Id.].

         Pierce, Sr., testified that he was given Punch Forms for a couple of weeks at a time to sign. [Doc. 392 at 270]. He testified that his managers frequently changed his time. [Id.]. He stated that they would add lunch breaks that he did not take. [Id.] In addition, he testified that the explanations provided on the Punch Forms were not accurate. [Id. at 271]. He continued that he signed blank and inaccurate Punch Forms because if he refused, he would not be given a tour. [Id. at 279].

         Further, Chappell testified that Wyndham never told him that overtime could not be recouped. [Doc. 383 at 37]. Davis stated that she did not receive any training on the overtime policy. [Doc. 389 at 47-48]. Stallings testified that he was not aware that he could receive overtime pay for hours worked over forty. [Doc. 389 at 17]. Abbott stated that he was never told that he had been reclassified as an hourly employee. [Doc. 384 at 72]. Pierce, Sr., testified that he was never told that he was a non-exempt hourly employee. [Doc. 392 at 244].

         All five Plaintiffs testified that the time on their time detail and/or timecards was not accurate. [Docs. 389 at 22-23, 55; 384 at 75; 392 at 287; 383 at 44-45] For instance, Chappell testified that according to his time detail, he averaged twenty-seven hours per week, which he referred to as “ludicrous.” [Doc. 383 at 44, Ex. 1902]. He stated that it also showed two to three hours per day, which is a joke because working two to three hours per day was not feasible. [Id. at 44-45, Ex. 1902]. In addition, Chappell testified that he knew his timecards were changed because when time had been changed in WynTime, a small box appeared where the time was changed. [Id. at 46]. He stated that only managers had access to WynTime. [Id., Ex. 1902]. He testified that a number of signatures and/or initials were not his on his timecards. [Id. at 48, Ex. 1902]. He also testified to a number of days that he was not clocked in but closed on a contract. [Id. at 56, Ex. 3236].

         Stallings testified that his time detail was not accurate because it showed such few hours and that he worked more than what was reflected. [Doc. 389 at 22-23, Ex. 412]. For example, he stated that October, or “Rocktober, ” was the busiest time of the year, but the hours from October 9, 2012, to October 23, 2012, do not look right at all. [Id. at 23-24]. He further testified that he would not have clocked in at 9:59 a.m., 10:01 a.m., or 9:57 a.m., because the morning meetings were mandatory. [Id. at 24-25, Ex. 412]. Stallings further stated that as a Discovery Sales Representative, his primary goal was to close contracts and that he recalled closing contracts while he was not clocked in. [Id. at 28, Ex. 3236].

         Davis testified that her time detail did not accurately reflect the hours she worked. [Doc. 389 at 56-57, Ex. 365]. She explained that she never clocked out at 12:00 p.m., 1:00 p.m., or even 5:00 p.m. [Id. at 56, Ex. 365]. She stated that she worked beyond those hours and that she did not take two days off a week. [Id. at 56-57, Ex. 365]. In addition, she testified that the hours on her earnings statements were not accurate. [Id. at 59, Ex. 113]. She further stated that some of the signatures on the timecards were not her signatures. [Id. at 72-73, Ex. 1912]. She continued that she absolutely worked more hours than the average number of hours reflected on her pay stubs, which was 25.609. [Id. at 76, Ex. 3245]. She stated that her managers fixed her time on the computer and that it was no secret that time was altered. [Id.]. Davis testified that she told John Geissberger that she would work for Wyndham for a year. [Id. at 45]. She stated that she stayed for the year that she promised but that she could not take it any longer because the hours were horrendous. [Id.]. Finally, she testified that she closed contracts while not on the clock. [Id. at 83, Ex. 3236].

         Abbott testified that the time reflected on his timecards was not even close and that his timecards show exceptionally low hours. [Doc. 384 at 75]. He stated that his timecards and Punch Forms show a consistent forgery of his signatures and initials and that the timekeeping was completely off. [Id. at 86]. He estimated that over sixty documents had been forged. [Id., Ex. 1881B, 1881D-AA]. In addition, he testified that there were numerous timecards/Punch Forms that were not signed or initialed by anyone. [Id. at 94, Ex. 1881C]. One of his timecards showed that he worked two hours the entire week, and Abbott stated that it occurred in July, which is the busiest travel month of the year. [Id. at 96, Ex. 1881D]. Another timecard in April showed 3.25 hours for the entire week, and he stated that because it was Easter week, he would have been very busy. [Id. at 99, Ex. 1881I]. In addition, he stated that it took him an hour to drive to work so that he would not have worked 1.5 hours per day as shown on the May 1, 2011 timecard. [Id. at 100, Ex. 1881J]. He further testified that every year, he left on December 31 for Florida and that he stayed there for two months until February. [Id. at 102]. He stated that his timecards during that period, which reflected that he worked, could not be accurate because he was in Florida when they were signed. [Id. at 102-103, Ex. 1881L, 1881M, 1881Q, 1881S, 1881U].[19] Abbott testified that there were times when sales representatives were scheduled to work six-ones and that he would also work on his day off. [Id. at 77, 144]. He stated that in June 2012, John Geissberger sent an email canceling all existing vacation and placed the sales representatives on six-ones through September 2012. [Id. at 76]. He further explained that October was referred to as “Rocktober” and that during this month, he worked every day about twelve to fourteen hours. [Id. at 78]. He later explained that if a sales representative received a hero tour, he/she would come in the following day to take the hero tour even if it was the sales representatives' day off. [Id. at 139-140].

         Pierce, Sr., also testified that his time detail were not correct. [Doc. 392 at 286-288, Ex. 392-A, 1488-B]. He explained that some of the signatures on his timecards were not his signatures. [Id. at 274].[20] For example, he testified that during March 25, 2011, through March 31, 2011, he would not have clocked out at 1:00 p.m., every day, nor would he have worked for three hours over a five-day time span. [Id. at 275-75]. He continued that with respect to his timecard dated April 29, 2011, to May 5, 2011, he signed it at the bottom but did not write, “, ” in the middle of the timecard. [Id. at 275]. He continued that this was probably an instance where he complained about the “numerous times on [his] time clocks” and that the next day he would be called into the human resource office to discuss this issue with Kristen. [Id. at 275]. Kristen told Pierce, Sr., “You're not going to be paid for anything over forty hours.” [Id. at 275]. She then made whatever adjustments she needed, and Pierce, Sr., was called to the vice president's office or Dave Labelle talked to Pierce, Sr. [Id. at 275]. LaBelle told Pierce, Sr., that he needed “to carry on.” [Id. at 276]. When asked about the hours reflected in a June earnings statement, Pierce, Sr., stated that he would have absolutely worked more than the hours reflected. [Id. at 278, Ex. 20C]. He continued that he was required to sign blank or inaccurate Punch Forms and that if he refused, he would not receive a tour. [Id. at 279]. Pierce, Sr., testified that the hours on his timecards and earnings statements were not correct. [Id. at 277-303, Ex. 20C, 1488F-1488BB]. In addition, the hours on his earnings statements did not match the hours on his timecard. [Id. at 282-83; 285-286, Ex. 20E; Ex. 20A, 1488K]. Further, his hours on his time detail did not match his timecard. [Id. at 287-88]. He explained that his timecard reflected nine hours on October 29 but that his time detail reflected zero hours for the same. [Id. at 286-87]. He explained that the small boxes on most of his timecards meant that the timecards had been edited. [Id. at 289]. He testified that he closed contracts while he was not clocked in. [Id. at 305; Ex. 3236].

         Pierce, Sr., also testified to receiving an email dated June 27, 2013, from Bryce Berkompas, stating as follows:

Hello Everyone,
To everyone on this list that is hourly, you are currently working an amount of hours that will not let you carry any benefits.
The magic number is 30 hours per week to carry and maintain benefits. Some of you are averaging 27 hours and other are averaging 8 hours per week. If you want to know what your average is please respond back to just me on this email, not everyone so I can let you know.
This is all about time management!! It is absolutely imperative that you pay more attention to your time clock.
If you have any questions please let me know.

[Doc. 393 at 11, Ex. 925]. Pierce, Sr., testified that he learned that Terry McGlothin had cancer and had to come back to work. [Id. at 12]. He continued that the sales representatives were averaging twenty-seven hours or less and that the email was to let them know that the magic number to carry any benefits was thirty hours. [Id.]. During this time, Berkompas was the Director of Sales for Front-Lines Sales Representatives. [Id. at 13]. Pierce, Sr., testified that he wanted to confirm his own hours because he was talking to surgeons about having back surgery during the off-season. [Id. at 15]. Pierce, Sr., sent an email to Carla Ogle asking for his average number of hours, but Ogle did not respond. [Id. at 15-16]. Pierce, Sr., discussed his concerns with Tammie Smith, who was with human resources. [Id. at 16-17]. He was later called to a meeting with human resources; Berkompas; and Kyle Smith, the Vice President. [Id. at 18]. The human resource representative inquired as to who directed him to work while not clocked in and Pierce, Sr., stated every manager, including Berkompas, which Berkompas denied. [Id.]. The human resource representative accused Pierce Sr., of breaking the law. [Id. at 19]. Subsequently, Dave LaBelle visited the site and told Pierce, Sr., “Listen, you don't want to get involved in any of this. You don't want to get involved in a lawsuit.” [Id. at 22-23]. LaBelle stated that with respect to Pierce, Sr.'s surgery, the vice president had the ability to overwrite the thirty hours. [Id. at 23].

         All five Plaintiffs testified to the average number of hours that they worked. Chappell testified that he worked approximately 65 hours per week. [Doc. 383 at 39]. Stallings testified that he worked at least 61 hours per week.[21] [Doc. 389 at 19-20]. Davis testified that she worked approximately 60 to 70 hours per week. [Id. at 59]. Abbott estimated that he worked 65 to 70 hours per week. [Doc. 384 at 125]. Pierce, Sr., testified that he averaged about 60 hours per week and that his co-workers worked the same amount of hours. [Doc. 392 at 246-48]. In addition, he spent 10 to 15 hours performing work away from the site. [Id. at 263].

         Stallings and Davis testified that the mandatory sales meeting began at 8:00 a.m. [Docs. 389 at 14; 60]. Davis testified that a sales representative was put on overage if he/she missed the mandatory meeting. [Id. at 61]. Davis stated that after the meeting, the tours started. [Id.]. Chappell testified that sales representatives were not allowed to leave the property in case a tour came up. [Doc. 383 at 40]. Stallings testified that in between tours, he made telephone calls and completed paperwork. [Doc. 389 at 16]. Davis stated that if she was not with a client, she made follow-up telephone calls and that most sales representatives worked throughout the day. [Id. at 66]. Abbott testified that he conducted tours in the morning and continuances in the afternoon. [Doc. 384 at 128]. He stated that they were not allowed to leave the property in between tours. [Id. at 73]. Abbott stated that Wyndham had what was called a power line for tours, meaning sales representatives were assigned tours based on his/her production. [Id. at 126]. This process started at 8:00 a.m., and then the line was cut every day at approximately 2:00 p.m., which was the check-in period for VIPs. [Id.]. At that point, Wyndham shifted into the nightline process. [Id.]. Nightline was not official until 4:00 p.m., but Wyndham wanted someone to take a tour as soon as guests checked in. [Id.]. Stallings and Davis testified that sales representatives were required to stay throughout the closing of a contract. [Doc. 389 at 15, 77-78]. Pierce, Sr., testified that with respect to Discovery Sales Representatives, they were required to stay until after the closing in case the deal was canceled so that they could attempt to sell a discovery package. [Doc. 392 at 255-256].

         Chappell, Abbott, and Davis testified that they participated in nightlines. [Docs. 389 at 89; 384 at 130; 383 at 39]. Abbott stated that the official nightline process was from 4:00 to 7:00 p.m., but that he consistently took tours up until 10:00 p.m., to 11:00 p.m. [Doc. 384 at 130]. Chappell, Davis, Abbott, and Pierce, Sr., also testified that they participated in dinner parties or party weekends. [Docs. 384 at 132; 389 at 71; 392 at 249-250; Doc. 383 at 39]. All five Plaintiffs testified that they worked from home. [Docs. 392 at 260-261; 389 at 20, 66; 384 at 125; 383 at 39].

         Abbott and Pierce, Sr., testified to a number of changes after the lawsuit was filed. [Docs. 393 at 24; 384 at 142]. For instance, they testified that sales representatives began using podium presentations instead of visiting units. [Docs. 393 at 60; 384 at 142]. This led to more group presentations. [Docs. 384 at 143; 393 at 60-61]. They also testified that Wyndham prohibited six-ones. [Docs. 393 at 175; 384 at 144]. Sales representatives were also prohibited from providing customers with their cell phone numbers. [Docs. 393 at 175-176; 384 at 144]. Abbott also testified that Wyndham, for the most part, stopped nightline and that when Wyndham had nightline, it was only one or two times a week. [Doc. 384 at 142-43].

         On cross examination, Chappell testified that he was paid some overtime during the time he worked for Wyndham. [Doc. 383 at 59]. He also testified that he had no firsthand knowledge of how other locations operated other than the Crossing and the Glade. [Id. at 67]. Stallings testified that January and February were considered the slower season. [Doc. 389 at 34]. He also testified that he did not have any knowledge of the other sites' operations in Tennessee and that he did not pay attention to when other sales representatives clocked in. [Id. at 37]. In addition, Stallings testified that he always clocked in about 8:00 a.m. [Id. at 31]. He further testified that he took a leave of absence from December 21, 2010, to February 28, 2011, for his open heart surgery. [Id. at 35]. He stated that Front-Line Sales Representatives brought him tours and not In-House Sales Representatives. [Id. at 37].

         Davis testified on cross examination that not all sales representatives participated in nightline or dinner parties and that a sales representative had to have a high volume per guest before they could participate in nightline or dinner parties. [Id. at 89-90]. Further, Pierce, Sr., testified that eleven of his earnings statements reflected hours above forty. [Id. at 43-46, Ex. 5055A]. Each Plaintiff identified their earnings as reflected on their W-2 statements. [Ex. 3349, 3563, 4300, 4487, 5059]. Finally, Plaintiffs testified that they signed a number of Wyndham's forms, including the Salesperson Agreement, Employee Handbook, and Acknowledgment of Time Keeping and Overtime Policy. [Ex. 3443A-H, 4295A-E, 4481A-E, 4481H, 4326, 3553, 3561, 3560, 5053A-I].

         The Court observes that Defendants did not call Rosemary Meyers, Corey Burkhartt, Susan Middleton, John Geissberger, Stefanos Kambellos, Lisa Jarvis, Dave LaBelle, Bryce Berkompas to rebut the above testimony.

         e. Crossing and Lodge

         As mentioned above, there were a number of Plaintiffs who testified that they worked at both the Crossing and the Lodge during the Recovery Period: Craig Thrift, who worked as an In-House Sales Representative;[22] Rebecca Slone, who worked as an In-House Sales Representative; James Dodson, who worked as an In-House Sales Representative;[23] Claudia Bogardus, who worked as a RCI Sales Representative;[24] Belinda Drew, who worked as an In-House Sales Representative and as a Front-Line Sales Representative; Perry MaGee, who worked as an In-House Sales Representative; Kisa Abbott, who worked as an In-House Sales Representative; Brett Williamson, who worked as an In-House Sales Representative; Bryan Tesh, who worked as an In-House Sales Representative and as a Front-Line Sales Representative; Thomas Garrett, who worked as an In-House Sales Representative; Russell Cooper, who worked as an In-House Sales Representative and as an In-House Sales Manager; James Campbell, who worked as a Front-Line Sales Representative and as an In-House Sales Representative; and Jesse Pierce, who worked as an In-House Sales Representative.[25]

         Abbott, Tesh, and Garrett testified that in January 2009, Wyndham began using time clocks. [Docs. 383 at 81; 389 at 113; 392 at 44-45].[26] Pierce explained that in early 2009, Wyndham began providing a minimum wage advance and that the compensation was 100% commissions. [Doc. 393 at 193-94]. Abbott explained that when Wyndham introduced time clocks, Brad Berkompas, the Vice President of Operations, conducted a staff meeting and explained that if the sales representatives were clocked in for thirty-two hours, they had to talk with their managers so that the sales representative could be monitored. [Doc. 383 at 81].[27] Tesh testified that when the time clocks were introduced, Wyndham had two different policies: one policy on paper (which was over a prior lawsuit) and the other policy was not to reflect more than forty hours. [Doc. 389 at 115].

         All Plaintiffs testified that their managers stated that they were not allowed to record more than forty hours on their timecards, despite working more than forty hours. Specifically, Slone testified that her manager, David Fowler, stated that she was going to get Fowler fired if she kept showing more than forty hours on her timecard. [Doc. 376 at 176]. She testified that another manager, Susan Middleton, also told her that her timecard could not reflect more than forty hours. [Id. at 175-76]. Bogardus was told by her supervisor, Daryl Kracker, that she needed to reduce her hours because she recorded too much. [Doc. 378 at 168]. Bogardus began tracking her hours and sending them to Kracker and that when she recorded her hours, they were “above 50, 60 hours, but they weren't the 60 hours every week. Sometimes it was 60, 65, 60, 65. It was well over 45 hours.” [Id. at 168-69]. She testified that Lisa Jarvis and Kracker told her that Wyndham did not pay overtime. [Id. at 177]. She met with Lisa Jarvis, who was with human resources, and eventually John Geissberger, about her overtime hours, but she was never paid. [Id. at 177-84].

         Abbott testified that she was encouraged to record minimum hours so that she was not working on borrowed money. [Doc. 383 at 84]. She stated that her manager, Stefanos Kambanellos, made her “stay low on the clock” and reminded her that the more hours recorded, the more money she had to pay back. [Id. at 88]. Williamson testified that his manager, David Fowler, told him to watch his timecard and testified that his other manager, Susan Middleton, was a “WynTime Nazi.” [Doc. 386 at 81-83]. Garrett testified that his manager, Bernie Reid, instructed him to not report more than forty hours. [Doc. 392 at 46]. Cooper testified that as a sales representative, he was instructed to clock out but continue working. [Doc. 393 at 99]. He testified that when he was a sales manager, he does not recall instructing sales representatives to not record over forty hours. [Id.]. He continued that he knew some Plaintiffs testified to that fact and that he cannot dispute their testimony. [Id.]. Campbell testified that John Geissberger told the entire staff not to show forty hours on their timecards and that he made this statement frequently. [Doc. 392 at 161]. Pierce testified that he accidentally clocked in over forty hours and that he had a meeting with Jim Acee, Bryce Berkompas, and Jerry Prosise and was “ripped a new one” for reporting over forty hours. [Doc. 393 at 113-14].

         All Plaintiffs testified that their managers adjusted their timecards. Tesh stated that when David Nelon was promoted as a manager, he (Nelon) asked Tesh to help him edit timecards. [Doc. 389 at 118]. He testified that Nelon liked selling and not sitting behind a computer. [Id.]. Tesh stated that it began with Nelon, but then every manager provided him his/her credentials to access WynTime. [Id. at 126]. He testified that he even edited Nelon's timecard and that John Geissberger knew that Tesh edited timecards because they discussed it. [Id.]. He continued that he edited his own hours in WynTime at the direction of his colleagues and that he honestly did not realize that his actions were wrong. [Id. at 125]. He explained, “We weren't being paid on that is what I was being told. It was being taken back, so it didn't matter.” [Id.]. He stated that it started with Nelon, but then he began editing time for Dale Heil, Dallas Smith, Carla Ogle, Devon Brown, and some for Stefanos Kambanellos and David Fowler. [Id. at 128]. He edited time at the Crossing and the Lodge and later explained, “[T]here wasn't a manager that didn't do it. To work there, you did it.” [Id. at 137, 140, 142]. He stated that he saw Susan Middleton edit timecards, and that he also edited timecards for Chuck Fine and Larry Whaley, who were senior managers of in-house sales. [Id. at 142-43]. He explained that he had the managers' logins. [Id. at 132]. He was also given emails from senior managers, such as Dottie Justice and Lisa Jarvis. [Id. at 132-33]. Dottie Justice was the head of human resources in the southeast region. [Id. at 133]. Lisa Jarvis was a senior manager of the in-house department. [Id.].

         Tesh testified that in WynTime, managers had access to all the sales representatives' time on site and that managers helped each other by reminding one another that a sales representative needed a break or that a sales representative was approaching forty hours. [Id. at 130-31]. Tesh testified that he altered time daily. [Id. at 144]. He explained that when he made edits in WynTime, it showed that an edit was made on that specific time. [Id. at 145]. With respect to how he changed time, he stated that he changed the end time, he added a break, or made someone not there that day. He continued that he was also required to input the reason for the change in the computer and that the standard reason, about 99% of the time, was “missing punch.” [Id.]. He testified that there was a written form that had to match the change that was made on the computer. [Id. at 145-46]. He handed this form to the sales representatives, and the sales representatives initialed and signed the WynTime computer-generated form, and managers signed it at the bottom. [Id. at 146]. He continued that often the managers would sign blank forms and that it was his job to make sure everyone filled it in. [Id.]. He printed the payroll from WynTime for the individual that week and attached the payroll to the Punch Form, which he then provided to the manager so that the manager could place the forms in a binder. [Id.]. Tesh continued that 90 percent of the time, the edits he made in WynTime were to reduce hours. [Id. at 147].

         Tesh testified that had a certain style to making edits. He stated that management told him that he needed to make edits look legitimate. [Id. at 149-50]. He stated that for instance, many of the edits on Exhibit 1870A were perfect entries of clock in times of 8:00 a.m., and clock out times of 1:00 p.m., and clock back in times at 1:30 p.m., which were not realistic. [Id]. He stated that he did not make the edits on Exhibit 1870A. [Id].

         Cooper testified that when he was an In-House Sales Manager, he adjusted timecards upon the instruction of Lisa Jarvis and John Geissberger. [Doc. 392 at 100]. They told him to make sure that no one was clocked in for more than forty hours and to make sure everyone had a break during the day. [Id. at 102].

         All Plaintiffs testified that the hours on their timecards and/or time detail and/or earnings statements were not accurate and that many of the signatures and/or initials on the Punch Forms were forgeries. Specifically, Plaintiffs testified that the following timecards and/or time detail and/or earnings statements were not accurate and that many of the signatures and/or initials on the Punch Forms were forgeries:

• Craig Thrift: Exhibits 1491A-M; 1491P-S
• Rebecca Slone: Exhibit 1605 . James Dodson: Exhibit 47
• Claudia Bogardus: Exhibits 420, 2014, 2014B-D, 619[28]
• Belinda Drew: Exhibits 1501, 1919A, 1919B, 1500
• Perry MaGee: Exhibits 384, 1825, 2069
• Kisa Abbott: Exhibits 1882, 1882A-I, 280
• Brett Williamson: Exhibits 214, 512, 1871A-O
• Bryan Tesh: Exhibits 1870B-D
• Thomas Garrett: Exhibits 1627A-G, 155
• Russell Cooper: Exhibits 406, 595, ...

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