Industry News
Aspen Skiing Company has agreed to pay $1.575 million to settle a class action lawsuit involving approximately 10,000 current and former employees. The settlement, approved by District Court Judge Anne Norrdin on Monday, concludes over a year of legal disputes regarding alleged labor law violations, reports The Aspen Times.
At the heart of the lawsuit, filed in October 2023, is the claim that employees were not paid for the time to travel to on-mountain work locations from base areas. This time involves physical exertion and potential hazards, necessitating safety measures like helmet-wearing for ski or snowboard commutes. The lawsuit also accuses SkiCo of failing to provide state-mandated break time. It alleges that the company misrepresented employee perks on its website, particularly regarding free and discounted lift tickets for new employees. Plaintiffs argued that these practices violated various Colorado labor laws and constituted a breach of contract.
SkiCo denied the claims, arguing that commuting via chairlifts, snowcats, and snowmobiles is safer than navigating snowy, icy roadways in personal vehicles. The company contended that it defies “common sense” to consider these modes of transportation more dangerous than driving in winter conditions.
Under the settlement terms, eligible employees will receive a combination of cash payments and vouchers. The $875,000 cash portion will be distributed in amounts ranging from $5 to $375, while $700,000 in vouchers will be issued for on-mountain purchases.
Alexander Hood, the plaintiff’s representative, explained that compensation amounts are based on time worked. The settlement covers two groups: the “class” of 6,351 workers employed since October 2021 for missed breaks and the “on-mountain subclass” of 3,761 employees since October 2018 for commute time.
SkiCo’s attorney, Steven Gutierrez, maintained that the company had “meritorious legal arguments” but agreed to settle to avoid prolonged litigation costs. The company admitted no fault or liability in the agreement.
In August 2022, Vail Resorts agreed to pay $13.1 million to settle five wage and labor lawsuits filed against the company in California for similar allegations of labor law violations. These violations include unpaid “off the clock” time for employees such as instructors, lift scanners, and lift operators when traveling on company buses to and from employee parking lots, the time spent donning company uniforms and equipment, and job training.
- Related: Aspen Skiing Company’s Settlement Over Chairlift Commutes Could Redefine Ski Worker Pay Practices
- Related: Aspen Skiing Co. Faces Class-Action Lawsuit Over Alleged Unpaid Chairlift, Snowmobile, and Snowcat Commute Pay
Except the Vail settlement in California was overturned because the amount was inadequate. VR is back to square one. And a similar lawsuit against VR files in Colorado will most likely go forward as well.