Updated: 9:57 a.m. Thursday, Aug. 12, 2010 | Posted: 10:23 p.m. Wednesday, Aug. 11, 2010
ORANGE COUNTY, Fla. —
Westgate Resorts is operated by Central Florida Investments. The company operates timeshare resorts in Arizona, Florida, Mississippi, and six other states.
The Labor Department says employees who were selling timeshares and collecting commission were not being paid the federal minimum wage of $7.25 for all the hours they worked. Investigators say the company wasn't adding up overtime correctly and keeping accurate time card records.
Eyewitness News talked to a former Westgate employee, who didn't want to be identified.
"The people who were out there selling should get the extra money back," the employee said.
The Chief Operating Officer of CFI told Eyewitness News that it was all a misunderstanding, and the Labor Department agrees.
"Some people think, because you're on commission, you're not subject to the Fair Labor Standards Act, but that's not true. It is true that outside sales people are exempt from the act, but these people were not outside sales," said Michael Wald, with the U.S. Labor Department.
It's possible that CFI and Westgate Resorts had been incorrectly calculating the pay for commission-based employees for years. But, by law, the government could only look into the past two years.
Former and current employees, who think they're owed money, should either contact CFI/Westgate Resorts at (407) 351-3350 or the U.S. Dept. of Labor Wage and Hour Division's Jacksonville District at (904) 359-9292.