Vail Resorts Wage and Hour $13.1M Class Action Settlement

Vail Resorts has agreed to pay $13.1 million to resolve class action lawsuit claims it violated labor laws with improper wages, denied breaks, and failure to reimburse expenses.

The settlement benefits non-exempt employees of Vail Resorts Management Co. and worked primarily at one of its resort or mountain locations during an applicable class period. Class periods vary depending on the state a Class Member worked in, as follows:

• For Class Members employed in Wyoming: Oct. 21, 2010, to Oct. 23, 2021
• For Class Members employed in Indiana, Ohio, Washington, Minnesota, Vermont, New York, Michigan, Nevada, Wisconsin and Colorado: Oct. 21, 2014, to Oct. 23, 2021
• For Class Members employed in Missouri: Oct. 21, 2015, to Oct. 23, 2021
• For Class Members employed in California, Pennsylvania and Utah: Oct. 21, 2016, to Oct. 23, 2021
• For Class Members employed in New Hampshire: Oct. 21, 2017, to Oct. 23, 2021
• For Class Members not employed in one of the above identified states: Oct. 21, 2016 to Oct. 23, 2021

Vail Resorts is a management company that is most well known for its mountain resorts in Colorado towns such as Vail and Breckenridge. The company also manages resorts in Park City, Utah; Afton Alps, Minnesota; Mt. Brighton, Michigan; Wilmot Mountain, Wisconsin; the Lake Tahoe region of California; and even two locations in Australia and Canada.

However, Vail Resorts may take advantage of its employees while servicing customers at these locations.

According to a class action lawsuit against the company, Vail Resorts violates the federal Fair Labor Standards Act (FLSA) and state laws. The employees claim they were denied minimum wages, overtime wages, double time wages, wage premiums, proper rest periods, sufficient meal breaks, and other benefits guaranteed to them by state and federal laws. The company allegedly committed further violations by failing to pay employees penalties from missed rest breaks or denied wages.

Vail Resorts hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $13.1 million settlement. 

The settlement will cover attorneys’ fees, service awards and administrative costs. Under California’s Private Attorneys General Act, a $375,000 payment will be allocated to the California Labor and Workforce Development Agency. After these deductions, a fund of around $7.9 million will be used to fund class member payments.

Payment amounts will vary depending on the number of hours each class member worked for Vail during the class period and what type of position they worked in. 

“Snow Positions” include positions in Mountain Safety, Ski School, Lift Maintenance, Lift Operations, Mountain Host, Mountain Dining, Snowmaking, and Epic Mix job families. 

“Non-Snow Positions” include all other job titles. 

Snow Positions may be eligible for higher settlement payouts. No payment estimates are available at this time.

After the first round of claims, if settlement funds remain, class members who deposited their first payment may be eligible for an additional pro rata share of the remaining funds.

For tax purposes, one third of each settlement payment will be treated as wage claims, reported on an Internal Revenue Service (IRS) W-2 form, and subjected to tax withholdings. The remaining two thirds of the payment will be reported on a 1099 Form.

The deadline for exclusion and objection is May 20, 2022. 

The final approval hearing for the Vail Resorts lawsuit settlement is scheduled for June 17, 2022.

In order to receive benefits from the settlement, class members must submit a “Consent to Join” form by May 20, 2022.

Who’s Eligible

The settlement benefits non-exempt employees of Vail Resorts Management Co. and worked primarily at one of its resort of mountain locations during an applicable class period. Class periods vary depending on the state a Class Member worked in, as follows:

• For Class Members employed in Wyoming: Oct. 21, 2010, to Oct. 23, 2021
• For Class Members employed in Indiana, Ohio, Washington, Minnesota, Vermont, New York, Michigan, Nevada, Wisconsin and Colorado: Oct. 21, 2014, to Oct. 23, 2021
• For Class Members employed in Missouri: Oct. 21, 2015, to Oct. 23, 2021
• For Class Members employed in California, Pennsylvania and Utah: Oct. 21, 2016, to Oct. 23, 2021
• For Class Members employed in New Hampshire: Oct. 21, 2017, to Oct. 23, 2021
• For Class Members not employed in one of the above identified states: Oct. 21, 2016 to Oct. 23, 2021

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Consent to Join Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Consent to Join Form Deadline

05/20/2022

Case Name

Hamilton v. Heavenly Valley, Limited Partnership, Case No. SC20210148, in the Superior Court of the State of California, County of El Dorado

Final Hearing

06/17/2022

Settlement Website

ResortSettlement.com

Claims Administrator

Hamilton v Vail Settlement
c/o A.B. Data, Ltd.
PO Box 173014
Milwaukee, WI 53217
info@resortsettlement.com
877-316-0163

Class Counsel

Jennifer Liu
THE LIU LAW FIRM PC

Robert Ottinger
THE OTTINGER LAW FIRM PC

Larry Lee
Max Gavron
DIVERSITY LAW GROUP PC

James Hawkins
Gregory Mauro
JAMES HAWKINS APLC

Elliot Siegel
KING & SIEGEL LLP

Justin Toobi
JUSTIN TOOBI ESQ

Kelsey Webber
WEBBER LAW GROUP PC

Defense Counsel

Evan R Moses
OGLETREE DEAKINS NASH SMOAK & STEWART PC