SOURCE: Nichols Kaster, PLLP

Nichols Kaster, PLLP

February 23, 2009 17:28 ET

District Court Conditionally Certifies a Class of Bluegreen Corp. Sales Representatives in a FLSA Action Brought by Nichols Kaster, PLLP

MILWAUKEE, WI--(Marketwire - February 23, 2009) - On February 20, 2009, the Western District Court of Wisconsin conditionally certified a collective class action of commissions-only sales representatives who are denied overtime compensation and minimum wage because their employer Bluegreen Corporation improperly classifies them as exempt from protection under the Fair Labor Standards Act (FLSA).

In its decision, the Court rejected Bluegreen's argument that the employees' varying work hours defeated conditional certification. The Court noted that "it is reasonable to infer that defendant and its sales directors did not apply FLSA's minimum wage or overtime rules to its 'commission-only' sales representatives; 'commission-only' means 'commission-only.'"

Bluegreen also asked the court to limit certification to the geographical areas where plaintiffs and opt-in plaintiffs worked. The Court declined to do so, holding that "[w]here an apparent company-wide policy is behind the alleged FLSA violations, the plaintiff seeking certification for a company-wide class action should not be required to collect specific violations for each location or from each state before seeking authorization to provide notice to employees from all locations."

According to Matt Morgan, plaintiffs' attorney, "Bluegreen improperly classifies its commission-only sales representatives, and in doing so denies them of overtime compensation and minimum wages they are entitled to under the law. We now intend to notify these workers of their rights and to retrieve for them this long overdue compensation."

The case is entitled Kelly v. BlueGreen Corp., No. 08-cv-401 (W.D. Wis. Feb. 20, 2009). Plaintiffs are represented by Matt Morgan, Paul Lukas, Don Nichols, and Rebekah Bailey from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. Additional information is located at or may be obtained by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Contact Information

  • Contact:
    Matt Morgan
    Nichols Kaster, PLLP
    (612) 256-3243