State of Illinois
Important things to know:
- If you take no action, you will still be bound by the case, and your rights will be affected.
- Windy City Amusements and the other Defendants in the case have promised that they will not retaliate against you for submitting a Claim Form and receiving money in this case.
- You can learn more at: www.windycityamusementssettlement.com
A Court authorized this notice to tell you about a settlement in a class action lawsuit, Hernandez Bernardo, et al. v. Windy City Amusements Inc., et al., brought on behalf of people who work or have worked as H-2B employees at carnivals for Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno. You received this notice because you may be a member of the group of people affected, called the “class.” This notice gives you information about the Settlement and your legal rights, and tells you how to submit a Claim Form to obtain money, how to object to the Settlement, and how to opt out if you do not want to be part of the lawsuit or Settlement.
The people who sued are called the “Plaintiffs,” and the companies and individuals they sued are called the “Defendants.”
If you are receiving this Class Notice, then you have been identified as someone who is possibly a Class Member. The Court has approved the following definition of the Class:
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.
For this case, the Court has preliminarily appointed the following lawyers to represent you and other Class Members:
Christopher Wilmes and Margaret Truesdale of Hughes Socol Piers Resnick & Dym, Ltd. These are the lawyers who are bringing this case on your behalf. You will not be charged for their services, although their fees will be paid with the Court's approval from the Settlement that was negotiated for the Class.
These lawyers will ask the Court to approve payment of $400,000 from the Settlement fund as attorneys’ fees and costs in this Action. Any costs of administering the settlement will be paid from the amount allocated for attorneys’ fees.
If you want to be represented by your own lawyer, you may hire one at your own expense.
This lawsuit claims that Defendants Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, and Anthony Salerno did not properly provide H-2B employees their wages for hours worked over forty hours in a workweek pursuant to Illinois law.
Defendants have denied all allegations and that they acted wrongfully or unlawfully.
The Court did not decide in favor of Plaintiffs or Defendants and has not found that Defendants did anything wrong. In 2025, the Parties agreed to settle, which means they have reached an agreement to resolve the lawsuit. By settling, the Parties avoid the cost of a trial and potentially an appeal, and the people who qualify will receive compensation.
The Class Representatives and their attorneys think the Settlement is best for all Class Members. The Settlement is on behalf of the workers who brought the case and all members of the Settlement Class. The Settlement does not mean that Defendants did anything wrong, no trial has occurred, and no merit determinations have been made.
In a class action, one or more people called Class Representatives sue as representatives of a larger group of people with allegedly similar legal claims. Together they are called a “Class.” Individuals in the Class are called “Class Members.” In a class action, one Court resolves the issues for all Class Members except for those who exclude themselves from the class or “opt out.”
Important Dates:
- The deadline to submit a Claim Form, object to the Settlement, or opt out of the case is February 5, 2026.
For more information, you may click on the Important Documents tab for Court Documents or the Contact Us tab above to obtain information for the Settlement Administrator or Counsel for this matter.