Vail Resort’s $13M Settlement Offer to Resolve California Wage & Hour Lawsuits Could Hurt Colorado Suit

/
California employment law, California employment law attorney, California employment law office, California employment law firm, unpaid overtime, overtime lawsuit, la overtime lawsuit, la unpaid overtime lawsuit, California unpaid overtime lawsuit, C

Vail Resorts offered $13 million to settle five California wage and labor lawsuits, which could have negative repercussions for a similar lawsuit filed in Colorado.

The Case: Randy Dean Quint, John Linn, and Mark Molina, Individually and On Behalf

Of All Others Similarly Situated v. Vail Resorts, Inc.

The Court: U.S. District Court for the District of Colorado

The Case No.: 1:20-cv-03569-DDD-GPG

The Plaintiff: Quint, Linn, and Molina v. Vail Resorts, Inc.

The plaintiffs in the case claim that Vail Resorts willfully and systematically failed to pay hourly employees for all their hours worked at the hourly wage rate designated in employment agreements. The lawsuit alleges that ski/snowboard instructors, ticket scanners, lift operators, and other employees are all (to varying degrees) not fully compensated for all hours worked during their shifts. Plaintiffs point out in the lawsuit that Vail Resorts requires employees to complete “off the clock” work, unpaid training, unpaid travel, and unpaid “dressing time.” Plaintiffs also allege that Vail Resorts did not reimburse employees for the purchase or maintenance costs of their ski and snowboard equipment or for cell phones required for the job. According to the lawsuit, Vail Resorts exploited the plaintiffs and thousands of other seasonal employees for years in violation of federal and state labor laws (Colorado, California, Utah, Minnesota, Wisconsin, Washington, New York, Vermont, and Michigan). The plaintiffs seek class-action status for eligible current and former employees that worked for Vail Resorts during the past three years.

The Defendant: Quint, Linn, and Molina v. Vail Resorts, Inc.

The Defendant in the case, Vail Resorts, is a recreational and hospitality company headquartered in Broomfield, Colorado.

The Case: Quint, Linn, and Molina v. Vail Resorts, Inc.

Vail Resorts filed a motion to pause the Colorado case while the California settlement negotiations proceeded. In November 2021, a federal judge granted the motion. California plaintiffs’ attorneys filed preliminary approval paperwork outlining the settlement deal in early 2022. The California lawsuits are similar in many ways to the proposed class-action lawsuit in Colorado filed in December 2020. However, Colorado counsel says they would have asked for a settlement far in excess of the $13.1 million spread across a class of 100,000 people, as well as requiring policy changes to be negotiated into the deal. Vail Resorts argues that the settlement for the California lawsuits should also resolve and release outstanding claims in other courts, including the Colorado case. “resolve and release all outstanding claims against Vail Resorts,” including the Colorado case. Colorado plaintiffs argue that the Colorado case must move forward to seek an end to the egregious treatment of employees at Vail Resorts.

If you have questions about overtime violations or off-the-clock work, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.