Windy City Amusements Employee $1.2M Class Action Settlement

Individuals who worked as H-2B employees for Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno or Anthony Salerno at carnivals between Jan. 27, 2015, and Sept. 8, 2025, may qualify to submit a claim for a cash payment from a class action settlement.

Windy City Amusements Inc. agreed to pay $1.2 million to settle a class action lawsuit alleging it failed to pay H-2B employees proper wages for overtime hours worked under Illinois law.

Who can file a claim to receive a settlement payment?

Class members must meet the following criteria:

• They worked as an H-2B employee for Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno or Anthony Salerno.
• They worked at carnivals between Jan. 27, 2015, and Sept. 8, 2025.

Both current and former H-2B employees are included in the settlement.

How much is the class action payout?

Cash payment: Class members can submit a claim to receive a cash payment. The settlement administrator will determine the payment amount by using each worker's years worked and amount earned, as well as the total number of claims filed.

How to claim a class action rebate

To receive a settlement payment, individuals must submit a claim form by Feb. 5, 2026. They can file a claim online or print and complete the PDF claim form, then mail or email it to the settlement administrator.

Settlement administrator's mailing address: ILYM Group Inc., Attn: Windy City Wage and Hour Lawsuit, P.O. Box 2031 Tustin, CA 92781

Settlement administrator's email address: claims@ilymgroup.com

Required claim information

• To submit an online claim, class members must provide their ILYM ID and last name.
• All class members must provide the last four digits oftheir Social Security number or ITIN used at Windy City.
• Class members who choose to wire transfer their payment to their bank account payment (online claims only) must provide their account information.

Payout options

• Paper check mailed to a U.S. address
• Wire transfer to a bank account
• Cash pickup at a Telecomm Telégrafos location in Mexico (fees may apply)
• Cash pickup at a Western Union location (fees may apply)

$1.2 million settlement fund

The $1,200,000 settlement fund includes:

• Attorneys’ fees and costs: $400,000
• Settlement administration costs: Paid by class counsel from the above amount

• Service awards to class representatives: $5,000 each
• Payments to class members with valid claims: Remaining settlement funds (estimated at $790,000)

Important dates

• Opt-out deadline: Feb. 5, 2026
• Deadline to file a claim: Feb. 5, 2026
• Final approval hearing: March 11, 2026

When is the Windy City Amusements settlement payout date?

The settlement administrator will distribute payments to approved claimants approximately 50 days after the court grants final approval of the settlement.

Why did this wage-and-hour class action settlement happen?

The class action lawsuit alleged the defendants failed to pay H-2B employees proper wages for overtime hours worked as required by Illinois law.

The defendants denied these allegations and any wrongdoing. Rather than proceed to trial, both sides agreed to settle to avoid the expense and uncertainty of continued litigation.

Sources

1. Class notice
2. Claim form
3. Settlement agreement