Individuals who worked as H-2B employees for Windy City Amusements between January 27, 2015, and September 8, 2025, may be eligible to receive a cash payment from a class action settlement.
Overview
Windy City Amusements Inc. has agreed to pay $1.2 million to resolve claims that it failed to pay H-2B employees proper overtime wages under Illinois law. The settlement covers work performed at carnivals for Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno.
Who Is Eligible?
Class members must meet all of the following criteria:
- Worked as an H-2B employee
- Employed by Windy City Amusements Inc., 2M Maintenance Inc., Mark Salerno, or Anthony Salerno
- Worked at carnivals between January 27, 2015, and September 8, 2025
Both current and former H-2B workers qualify.
Payment Amount
Class members may receive a cash payment. The amount will depend on:
- The number of years worked
- The amount earned
- The total number of valid claims submitted
How to File a Claim
To receive a settlement payment, class members must submit a claim form by February 5, 2026. Claims can be filed in any of the following ways:
- Complete the online claim form
- Download, print, and mail the PDF form
- Email a scanned copy or photo of the completed form
Mailing Address:
ILYM Group Inc.
Attn: Windy City Wage and Hour Lawsuit
P.O. Box 2031
Tustin, CA 92781
Email Address:
claims@ilymgroup.com
Required Information
- ILYM ID and last name for online claims
- Last four digits of the Social Security number or ITIN used while working for Windy City
- Bank account details if choosing wire transfer (provided via the settlement website)
Payment Options
Class members may choose from:
- Paper check mailed to a U.S. address
- Wire transfer to a bank account
- Cash pickup at Telecomm Telégrafos in Mexico (fees may apply)
- Cash pickup at a Western Union location (fees may apply)
Settlement Fund Breakdown ($1.2 Million Total)
- Attorneys’ fees and costs: $400,000
- Administration costs: Paid from attorneys’ fees
- Service awards to class representatives: $5,000 each
- Payments to class members: Approximately $790,000
Important Dates
- Opt-out deadline: February 5, 2026
- Claim filing deadline: February 5, 2026
- Final approval hearing: March 11, 2026
When Will Payments Be Sent?
Payments will be distributed about 50 days after final court approval.
Why This Settlement Occurred
The lawsuit alleges that H-2B workers were not paid proper overtime wages as required under Illinois law. The defendants deny wrongdoing but agreed to settle to avoid further litigation costs and risks.
Sources
Class notice
Claim form
Settlement agreement
Status: Open for Claims
Award: Varies
Claim Deadline: February 5, 2026
