Published
November 28, 2025
Updated
July 25, 2026
This $1.2 million settlement covered certain H-2B carnival workers who alleged they were not properly paid overtime wages. Claims closed February 5, 2026, and the available official materials do not announce a payment date.
Current Status
Claims are closed. The deadline was February 5, 2026. The final approval hearing was scheduled for March 11, 2026, but no final approval order or payment date was located in the available official settlement materials.What is the Windy City Amusements Class Action About?
You may be part of a new $1.2 million class action settlement reached with Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, and Anthony Salerno over allegations that they failed to properly pay overtime wages to H-2B carnival workers for hours worked over forty in a workweek under Illinois law.The lawsuit, Hernandez Bernardo, et al. v. Windy City Amusements Inc., et al., was brought on behalf of people who work or have worked as H-2B employees at carnivals for the defendants in Illinois. Plaintiffs claim that defendants did not properly provide H-2B workers with wages for overtime hours worked.
Defendants deny all allegations and deny that they acted wrongfully or unlawfully. The parties agreed to settle the case in 2025 in order to avoid the cost and uncertainty of trial and possible appeals and to provide compensation to workers who qualify.
StatusClaims ClosedPayment date not announced.
Claim DeadlineFebruary 5, 2026The filing window has passed.
Settlement Fund$1.2 millionApproximately $790,000 estimated for workers.
Covered WorkersH-2B employeesPayments vary by work history.
Settlement Summary
What is the Total Settlement Amount?
Defendants have agreed to create a $1,200,000 settlement fund. From this total:the fund will pay attorneys' fees and costs, the settlement administrator's costs, and service awards of $5,000 each to the class representatives. After these payments, approximately $790,000 will be available to distribute to the roughly 166 class members who submit valid claims.
How Do I Qualify For a Payout?
You may qualify for a payment if:• You worked as an H-2B employee at carnivals for Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno
• Your work took place between January 27, 2015 and September 8, 2025
• You are part of the class described in the court's order
The official class definition is:
All H-2B employees of defendants Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno who worked at carnivals between January 27, 2015 and September 8, 2025.
If you received this notice, records indicate that you may be a class member. You must submit a claim form by February 5, 2026 in order to receive money.
How Much Can I Get Paid?
The amount you receive will depend on:• How much you earned while working for defendants during the class period, and
• How many other class members submit claim forms
Work performed in different years is weighted differently. Because higher damages and penalties are available for more recent work, hours worked in the years 2022 through 2025 will be weighted at 300 percent, while work in the years 2015 through 2019 and 2021 will be weighted at 100 percent.
Based on Windy City Amusement's wage records, the the class action states that if you return a claim form, you will receive no less than the minimum amount printed in your personal notice letter. If some class members do not return claim forms by February 5, 2026, their shares will be redistributed among class members who do submit timely claims.
How Were Claims Filed?
Before the deadline, class members could file a claim form in three ways:• Online: Go to the official settlement website at www.windycityamusementssettlement.com and complete the online claim form.
• By mail: Fill out the paper claim form that came with your notice and mail it to the settlement administrator at the address on the form.
• By email: Take a clear picture or scan of your completed claim form and email it to the settlement administrator.
The February 5, 2026 claim deadline has passed.
What is the Claim Form Deadline?
The deadline to submit a claim form, object to the settlement, or opt out of the case is February 5, 2026. If you miss this deadline, you will not receive a payment, but you will still be bound by the settlement unless you opted out on time.What are the Important Dates?
Key dates in the Windy City Amusements H-2B wage settlement include:• Claim form deadline: February 5, 2026
• Objection deadline: February 5, 2026
• Opt out (exclusion) deadline: February 5, 2026
• Final Approval Hearing: March 11, 2026 at 9:30 a.m. Central Time, by Zoom (Meeting ID 956 5899 1093, Password 129359) in the Circuit Court of Cook County, Illinois
When is the class action settlement payment date?
Payments will not go out until after:• The Court grants final approval of the settlement at or after the March 11, 2026 hearing, and
• Any appeals are resolved and the settlement becomes final
Once the settlement is final, the settlement administrator will calculate each worker's share and send payments. This process typically takes several months after final approval. The exact date is not yet known.
Is Proof Required to File a Claim?
To receive a payment, you must submit a completed claim form. The settlement is based primarily on defendants' wage and payroll records, so you are not required to submit pay stubs or time records with your claim.You should confirm your contact information is correct and complete the claim form truthfully. The settlement administrator and class counsel will use defendants' records and the weighting formula in the settlement to calculate your payment amount.
Class Action Status and Odds
How Many People are Affected?
Approximately 166 H-2B workers are included in this settlement class. These are workers who:• Were employed as H-2B employees of Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno
• Worked at carnivals between January 27, 2015 and September 8, 2025
All of these workers' rights are affected by the settlement unless they opt out.
When Will this Class Action Be Certified?
The Court has already granted preliminary approval of the settlement and has defined the class of H-2B workers covered by the agreement. Class certification for settlement purposes is part of that process.At the Final Approval Hearing on March 11, 2026, the Court will decide whether to grant final approval to the settlement and confirm the class for settlement purposes.
What are the Odds This Class Action is Settled?
The parties have already negotiated a detailed settlement, the Court has authorized notice, and a Final Approval Hearing is scheduled. That means the settlement is in an advanced stage.While the Court must still decide whether the settlement is fair, reasonable, and adequate, the odds that this case will end in a settlement are high compared with an early stage case that has no settlement agreement.
What is the Anticipated Settlement Amount?
The anticipated total settlement amount is:$1,200,000.
This is the gross fund before deductions for attorneys' fees and expenses, settlement administration costs, and service awards to the class representatives. After those deductions, roughly $790,000 is expected to be distributed to around 166 workers.
How much will Each Class Action Claimant be Paid?
Each worker's payment will depend on:• How many seasons and hours they worked for defendants
• How much they earned based on defendants' wage records
• The weighting formula that gives 300 percent weight to work from 2022 through 2025 and 100 percent weight to earlier years
• How many of the 166 workers submit claim forms
The notice states that if you submit a claim form, you will receive at least the minimum amount listed in your personalized notice, and potentially more if some workers do not file claims and their shares are redistributed.
What are the odds that the class action will be certified and settled and eventually pay out?
For this case:• Certification: The Court has already defined the settlement class and granted preliminary approval, so class certification for settlement purposes is well underway.
• Settlement approval: A written settlement is in place and the Court has scheduled the Final Approval Hearing, which suggests a strong likelihood that some form of settlement will be approved, though final approval is not guaranteed.
• Eventual payout: If the Court grants final approval and any appeals do not overturn the settlement, payments will be made to class members who submit valid claims. The remaining uncertainty relates mainly to timing and the exact amount each worker will receive, not whether payments will occur at all.
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Official Settlement Website: WindyCityAmusementsSettlement.com
Official Settlement Notice
Sources
• Official Settlement Website: www.windycityamusementssettlement.com• Circuit Court of Cook County, State of Illinois, Hernandez Bernardo, et al. v. Windy City Amusements Inc., et al., Case No. 2025 CH 00879
• Class Action Settlement Notice to H-2B employees of Windy City Amusements and related defendants
For more class actions keep scrolling below.
Settlement Fund
$1,200,000
Case Title
Hernandez Bernardo v. Windy City Amusements Inc.
Case Number
2025 CH 00879
Court
Circuit Court of Cook County, Illinois
Claim Deadline
February 5, 2026 (passed)
Status
Claims closed — payment date not announced
Official Website
WindyCityAmusementsSettlement.com
