Elliott Greenleaf won its motion for class certification on behalf of all persons working for Vacation Charters or W. Jack Kalins from June 2005 until December 31, 2008 selling time shares and being paid as “independent contractors”. In the June 4, 2010 Order and Opinion in the case of Whitehead v. Vacation Charters, the Court found that at least 275 persons who sold time share interests for Vacation Charters/Jack Kalins at Split Rock and other Pocono resorts from June 2005 until December 31, 2008 and were paid as “independent contractors”, may seek damages in a class action arising from the possible misclassification of them as independent contractors during that time frame. This class action trial will occur later in 2010. This Order was entered after full discovery and briefing in the case filed by the Firm on behalf of two timeshare salespersons in August 2008. Elliott Greenleaf and the named Plaintiffs have already successfully convinced the defendants to change their policy of paying these salespersons as “independent contractors”, as the defendant employers began paying their salespersons as employees on January 1, 2009 – after the lawsuit was filed in August 2008. Having received their requested relief on the classification of these salespersons beginning in January 2009, Plaintiffs now seek damages for all of the class members for the benefits lost from June 2005 until December 2008 in the total amount in excess of $2,100,000.00. Plaintiffs expect to send notices to all known class members shortly. This case has received nationwide attention in the time share industry and interest from the business press in Northeastern Pennsylvania.

Firm shareholders Mark A. Kearney and Timothy T. Myers are approved class counsel. Any questions should be directed to Mr. Kearney at 215-977-1016.

Class-Action Set in Timeshare Suit