The deadline to file a consent to join form, request exclusion, or object to the terms on settlement of a current lawsuit involving Vail Resorts has been extended to May 20.
The original deadline was May 6, but Judge Michael J. McLaughlin has granted an application by the plaintiffs to extend the current response deadline for class members by two weeks.
In the May 3 application to extend the deadline to opt out, the attorneys for the class who negotiated the settlement said the extension was warranted due to the fact they were recently made aware that the settlement website, ResortSettlement.com, did not include a Spanish-language translation of the long form notice and a copy of the parties’ settlement agreement.
The attorneys for the class also said the extension should not need to disrupt the final approval hearing, set for June 17.
The attorneys for the class, in their application to extend the deadline, said they will address opt outs in their forthcoming motion for final approval, which is due on May 24, 2022.
The class members in the case include Vail Resorts workers in Wyoming who were employed by Vail Resorts or one of its affiliated companies any time between 2010 and 2021; workers in Indiana, Ohio, Washington, Minnesota, Vermont, New York, Michigan, Nevada, Wisconsin and Colorado who were employed any time between 2014 and 2021; workers in Missouri who were employed any time between 2015 and 2021; workers in California, Pennsylvania and Utah who were employed any time between 2016 and 2021; and workers in New Hampshire who were employed any time between 2017 and 2021.
The attorneys representing the class of workers in the class-action lawsuit allege Vail Resorts is responsible for the failure to provide proper meal and/or rest periods; failure to reimburse expenses; unlawful deductions, rebates, or refunds from wages; failure to accurately record time or keep accurate records; failure to provide accurate employment records upon request; improper or inaccurate wage statements; failure to pay timely wages; fraudulent solicitation of employees; employment under conditions detrimental to employee health; unfair business practices; false or deceptive representation or advertisement; unfair competition and unjust enrichment under the laws of the states involved.
The attorneys for the class of workers is seeking damages for lost wages, interest, penalties, injunctive relief, and attorneys’ fees and expenses.
Vail Resorts attorneys, while disputing the accuracy of the claims raised by the plaintiffs, have decided to avoid further litigation by negotiating a tentative settlement.
The settlement provides that Vail Resorts will pay $13,100,000.00 to fully resolve the claims in the action, with the attorneys for the class receiving $4,366,666.67. The class is estimated to include as many as 100,000 current and former Vail Resorts workers.
Class members have expressed cause to opt out of the case, claiming it’s a low settlement amount with high attorney compensation costs.
Another case alleging labor law violations has accused attorneys seeking the settlement that their settlement notice fails to inform class members they have the option to join the other case, which has “far broader and stronger claims,” according to the attorneys in the other case.