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PIERCE v. WYNDHAM VACATION RESORTS, INC.

Nos. 18-5258/5298.

922 F.3d 741 (2019)

Jesse PIERCE and Michael Pierce, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees/Cross-Appellants, v. WYNDHAM VACATION RESORTS, INC. and Wyndham Vacation Ownership, Inc., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 29, 2019.

Attorney(s) appearing for the Case

ARGUED: David E. Nagle , JACKSON LEWIS, P.C., Richmond, Virginia, for Appellants/Cross-Appellees. Martin D. Holmes , DICKINSON WRIGHT PLLC, Nashville, Tennessee, for Appellees/Cross-Appellants. ON BRIEF: O. John Norris, III , Colby S. Morgan, Jr. , Craig A. Cowart , JACKSON LEWIS, P.C., Memphis, Tennessee, William J. Anthony , JACKSON LEWIS, P.C., Albany, New York, for Appellants/Cross-Appellees. Martin D. Holmes , Darrell L. West , Peter F. Klett , Autumn L. Gentry , DICKINSON WRIGHT PLLC, Nashville, Tennessee, for Appellees/Cross-Appellants.

SUTTON, J., delivered the opinion of the court in which SILER, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 11-15), delivered a separate opinion concurring in part and dissenting in part.

OPINION

In this collective action, sales employees for Wyndham allege that the company violated the Fair Labor Standards Act by failing to compensate them for overtime. After a bench trial, the district court found that the employees were similarly situated and had presented sufficient representative evidence to...

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