How much will class members be paid?

Each class member who submits a valid claim will receive a payment based on how much they earned working for defendants, with hours worked in 2022 through 2025 weighted more heavily. The notice states that anyone who returns a claim form will receive at least the minimum amount stated in their personalized notice, with final amounts depending on how many workers file claims.

When is the Final Approval Hearing?

The Court scheduled the Final Approval Hearing for March 11, 2026 at 9:30 a.m. by Zoom, using Meeting ID 956 5899 1093 and Password 129359, in the Circuit Court of Cook County, Illinois.

How do I submit a claim?

You can submit a claim online at www.windycityamusementssettlement.com, by mailing a completed paper claim form to the settlement administrator, or by emailing a picture or scan of the completed form to claims@ilymgroup.com by February 5, 2026.

Windy City Amusements H-2B Wage $1.2M Class Action Settlement

Q: Who qualifies for the Windy City Amusements H-2B wage settlement?

You are in the settlement class if you worked as an H-2B employee at carnivals for Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno between January 27, 2015 and September 8, 2025.

Q: What is the total settlement amount?

Defendants have agreed to a $1,200,000 settlement. After paying court approved attorneys' fees, costs, administration expenses, and service awards, approximately $790,000 will be available to pay the roughly 166 class members.

Q: Is proof required to file a claim?

Class members must complete and submit a claim form. The settlement is based primarily on defendants' payroll and wage records, so additional proof such as pay stubs is not required for most workers.

By Steve Levine

Windy City Amusements H-2B wage class action settlement

Published: November 28, 2025

Status: Proposed Settlement

Settlement Amount: $1,200,000

Claim Form Deadline: February 5, 2026

Proof required: No, beyond submitting a claim form

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.

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 Do I File a Claim?

You can 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.

Your claim form must be submitted online by February 5, 2026 att he very latest, or mailed or emailed so that it is postmarked or better yet, received by that date.

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.

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

Claim Form Website: WindyCityAmusementsSettlement.com

Submit Claim

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

Filing Class Action Settlement Claims

Please submit only truthful information. False or fraudulent claims can be rejected and may carry penalties. If you are unsure whether you qualify, review the official notice or contact the settlement administrator. OpenClassActions.com is a consumer news site and is not a settlement administrator or a law firm.

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Class Action Summary
Status	Proposed Settlement
Claim Form Deadline	February 5, 2026
Settlement Amount	$1,200,000
Category	Employment and unpaid overtime wages
Estimated Payout per Person	Varies based on work history and claim rate, with roughly $790,000 to be shared by about 166 workers who submit valid claims.
Case Number	2025 CH 00879
Case Title	Hernandez Bernardo, et al. v. Windy City Amusements Inc., et al.
Court	Circuit Court of Cook County, State of Illinois
Final Approval Hearing	March 11, 2026 at 9:30 a.m. Central Time, by Zoom
Claim Website	Settlement Site
Administrator	ILYM Group, Inc.