SILVERLEAF RESORTS OVERTIME CASE

Summary of the Lawsuit

On December 18, 2007 four former employees of Silverleaf Resorts, Inc. (“Silverleaf") filed suit in federal court in Atlanta, Georgia, accusing Silverleaf of failing to pay them overtime compensation. The lawsuit accuses the company of uniformly and systematically violating the overtime provisions of the Fair Labor Standards Act (the “FLSA”) by failing to pay overtime to possibly hundreds of employees. The FLSA requires employers to pay non-exempt hourly employees overtime at the rate of 1.5 times their regular hourly wage. The Plaintiffs claim that they and similarly-situated employees were only paid for 40 hours or less, even though they consistently worked overtime.

Silverleaf is a “vacation adventure” business that owns or operates vacation resorts in Georgia, Arkansas, Connecticut, Illinois, Indiana, Louisiana, New York, Texas, Florida, Massachusetts and Missouri. Silverleaf sells deeded timeshare interests in “getaway resorts,” located near major metropolitan areas, and “destination resorts,” located in areas requiring more travel to reach. The Plaintiffs were all employed in various positions at Silverleaf's Apple Mountain Resort in Clarkesville, Georgia, including Lead Registration Clerk, Contracts Clerk, Hostess/Baby Sitter, Sales Representative, Gifting Associate and Office Manager. The lawsuit alleges that each of the Plaintiffs was paid on an hourly basis, was required to work more than 40 hours per week, and did not receive overtime pay as required by federal law.

This case, currently in arbitration proceedings, is in its early stages and there has been no findings that Silverleaf is liable. However, under the FLSA certain eligible employees of Silverleaf, including the Plaintiffs who filed suit and others who have since consented to join the case, may be owed hundreds or even thousands of dollars in overtime pay. The law also allows employees to recover double their actual overtime damages if a court finds that an employer willfully violated the law. The Plaintiffs allege Silverleaf willfully violated the FLSA, and therefore seek recovery of double their unpaid overtime as well as litigation costs and expenses.

How do I Join?

If you are or were an employee of Silverleaf, you should fully read this notice and get involved. To be eligible to assert a claim in this case, the following must apply:

(1) At any time between December 18, 2004 through the present, you worked in one of the following positions - Lead Registration Clerk, Contracts Clerk, Hostess/Baby Sitter, Sales Representative, Gifting Associate and Office Manager;

(2) You worked overtime (more than 40 hours per week) and were not paid for it; and

(3) You execute a written consent form agreeing to join this case. Click here to view and download the form.
 

The Court has not yet conditionally certified any class of plaintiffs in the case. Therefore, the Court has  made no determination as to whether employees in the positions identified above may opt-in to this case or are entitled to any recovery.
 

You are not required to be represented by Plaintiffs' attorneys to opt-in to the lawsuit. You may retain the attorney of your choice to represent you.
 

How can I get more information?

For more information concerning the lawsuit and the Plaintiffs’ claims, view the complaint filed in court here and the amended arbitration demand here.

For more information or to discuss your claim, you may contact the lawyers representing the Plaintiffs in this case:

Jay Brownstein
Brownstein Nguyen & Little LLP
2010 Montreal Road
Tucker, Georgia 30084
(678) 921-01434
jdb@bnllawfirm.com
 

Kevin Little

Brownstein Nguyen & Little LLP
1201 Peachtree Street N.E.
Suite 200, 400 Colony Square
Atlanta, Georgia 30361
(404) 685-1662
ksl@bnllawfirm.com

Or, you send an email with your contact information and questions concerning the case or your potential claim to mail@bnllawfirm.com.
 

Calling or sending a confidential e-mail with questions will not obligate you to join and will cost you nothing. You will not be asked to pay any up-front attorneys' fees or expenses. The lawyers are paid by a combination of a contingency fee, plus an amount awarded by the court.

Retaliation?

Concerned about retaliation? If you still work for Silverleaf and fear that you may be the victim of retaliation for participating in this case, you should know that Silverleaf is strictly prohibited by law from taking any action against you for participating in this lawsuit or otherwise pursuing your overtime rights.
 

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