Most of us who travel bunches know that if an airline messes with your flight, you don’t have to bend over and take it. At its most basic, federal law makes an airline that cancels or significantly changes your flight give you a full cash refund. It’s your basic flight rights as a passenger who trusts these airlines with your money, time and safety. But so many of you don’t have the patience and will to fight these big guns….until now. The US Department of Transportation (DOT) is “proposing to codify its longstanding interpretation that it is an unfair business practice for a U.S. air carrier, a foreign air carrier, or a ticket agent to refuse to provide requested refunds to consumers when a carrier has cancelled or made a significant change to a scheduled flight to, from, or within the United States, and consumers found the alternative transportation offered by the carrier or the ticket agent to be unacceptable.”
Ticket Type Is Irrelevant
Whether it’s basic economy or first class, refundable or non; if you’re flying from the US to Europe or an American carrier or foreign jet; it’s the airline’s fault or an act of god; you personally bought your ticket or used Expedia; if the airline sends you fine print that you are only entitled to a voucher on their airline, the Department of Transportation will put its boot right up their arse. If your airline cancels or significantly alters your flight and you want to walk away, you’re entitled to your cash back.
It’s in the language
So how does an airline get away with keeping your money? Well, basically they get to decide what’s “significant”. According to Scott’s Cheap Flights, United Airlines quietly changed their policy to claim that any delay less than 25 hours was not significant. I don’t know about you but forcing me to sit tight for over a day when I have plans on the side other, might miss a connection to Bangkok or my bus group to Jordan, or a myriad of other complications, is definitely significant.
Or what if you booked a flight and a last-minute pandemic made you feel less than secure to travel. Cough cough. Usually, you’d only get a voucher for a future flight that expired before you had a chance to use it or before the air was clear.
Flight Times Are Changing What airlines have been up to lately- cancelling, rerouting, no notice, saying whoops sorry, you’re SOL, is unacceptable. Time to speak up. You have 90 days to let the DOT know you’re not cool with what’s been going on lately and that you want change. Here is the proposal – Regulations.gov A public comment period has just opened up to get feedback on these latest airline regulations and when the 90-day public comment period ends, what the DOT decides won’t just be a rule; it’ll most likely be law.
Wondering What Your Flight Rights Should Be? Here are some the things to note: 1) Cash refunds when your flight is delayed by 3 hours (domestic) or 6 hours (international) no matter what your ticket type. 2) Meal vouchers for delays over 3 hours. Hotel vouchers when delays cause overnight stays. 3) Define “significant”. Three or more hours on a domestic flight or 6+ hours on an international flight. 4) Non-expiring vouchers. Whether it’s a pandemic, bump, cancellation or the pilots are drunk. You get a voucher that doesn’t expire. And if an airline goes belly up making the vouchers obsolete, you get a cash refund. 5) If you’re on a plane and it’s delayed takeoff for more than an hour, you get to get off and have them book you on the next available flight to your destination. No more holding passengers hostage. If it’s not until the next day that you can travel, they pay for food and hotel. If it’s on another airline, they use your money to pay for that new ticket and they cover any difference. 6) Fill in the blank. It’s your turn to speak up. Don’t waste it. Let’s make the skies friendly again.
People are always asking me “Why are you always in the mountains? Don’t you get tired of it?” Hope this videos answers that question and explains why extreme adventurers do what they do and what the mountains mean to them.
And that’s a wrap for the second annual (?) Big Gear Show. The outside off shoot that sprung up at Deer Valley last year after the Outdoor Retailer Show in Denver drove major outdoors brands to flee the Colorado Convention Center is starting to find its footing. Even more brands than last year turned out to appreciate the ability to connect with outdoor shop buyers and media.
Brands like Mountain Hardwear and Black Diamond joined more than 200 gear manufacturers in the lower parking lot of Deer Valley to showcase their 2023 lines to prospective and current retailers. It was an opportunity not only to see what will be in stores like REI and Sportsmans Warehouse but to feel them as well. You could demo trail running shoes from Adidas by jogging the singletrack above the Lodges, take eBikes to Main Street or float a kayak in the Deer Valley pond. Paddle brands like Aquaglide and Solstice settled along the edge of the water just like in days past when the Utah Outdoor Retailer Show hosted their “demo day” at Pineview Reservoir.
Attendees to this year’s BGS noted the relaxed atmosphere, the bigger selection of gear brands over the inaugural year and the congruency of hosting an outdoors experience outdoors instead of in a convention center. It certainly wasn’t busier than the ghost-like aisles of the OR convention but organizers are taking feedback and making changes to move in that direction. Parking, however, could be an issue in the future if that happens. This year, the lots of DV filled up by 10 a.m. and people took to the sides of public streets.
Several Utah-connected brands made a showing for the two-day event including Camp Chef, Petzl, Magnum Bikes, Uncharted Supply Company, Hydrapak, Goal Zero, Liberty Mountain, Scott Sports, POC, Klymit, Peak Refuel, Black Diamond Equipment, Chums. Missing from the roster though were Altra, Lowa Boots, Coalatree, Kuhl, Cotopaxi, Gregory Mountain Products, Lizard Skins, Lone Peak Packs, Cypher Climbing, and Salomon.
Like the OR Show demo day (which is coming back to Utah this January!), the Big Gear Show gives attendees that hands-on session with the brands. We took a sunrise trail run with Uncharted Supply Co’s Christian Schauf and Utah Olympic Nordic gold medalist Billy Demong off Guardsman’s Pass to test Uncharted’s Park Pack hip back and hiked to DV’s Royal Street Cafe with wearing Mountain Hardwear’s butter-soft Crater Lake Tank and Scarpa’s Ribelle Run trail runners.
No one’s pontificating on the future of the BGS now that the OR is returning but those who attended seemed to enjoy the slower pace, the less-hurried meets with buyer and the mountain breezes wiggling their tents. I do have to say that for an outdoor event I was sadly sunburned after expecting at least a dozen sunscreen brands to attend and not a one could be found. Really, Guys, how can you play outside without sunscreen? Perhaps next year.
Seen “Top Gun 2: Maverick” yet? South Lake Tahoe has been the backdrop for an array of blockbuster movies, sitcoms, and reality TV series that showcase Tahoe’s famous turquoise water, snowcapped mountains and towering pines. So when the production for Maverick wanted to build a military base that had a runway between mountains, the Lake Tahoe Airport came into play. Production built platforms on the side of a mountain for helicopters to bring in the equipment needed to shoot that epic military base/fighter scene three years ago.
Did you know that classics like “The Godfather Part II,” “City of Angels” and “The Bodyguard” were also filmed in the region? “We live in a magnificent place that translates well to the big screen and we look forward to sharing it with the world,” said Carol Chaplin, president and CEO of the Lake Tahoe Visitors Authority. “News of the celebrity stays has inspired visitors to spend time here living vicariously like a star.”
BOOK YOUR NEXT TRIP!
CELEBRITY CRIBSIN SOUTH LAKE TAHOE
Living like a star begins with palatial accommodations. The Sherman Estate is a sprawling 15-acre property providing stunning lake views, hot tub, indoor pool, movie theatre, game room, fireplace, expansive kitchen, multiple outdoor lounge spaces, and wet bar with 17 bedrooms and 18 bathrooms that can host up to 40 guests. It’s no wonder that casts of Real Housewives and Kardashians stayed there as well as filming locations for the rose ceremony of the ABC’s The Bachelor. The property is in high demand and now requires a minimum stay of 30 nights with rates starting at $9,000 per night. In addition, Bliss Experiences/Lake Tahoe Yoga/ offered private yoga sessions for casts staying there.
The possibilities are endless to create a memorable, romantic getaway like casts/crews did in Lake Tahoe. Here’s a snapshot of activities they experienced while filming during the fall, early-winter and late-spring seasons when more privacy calls:
Aerial Adrenaline: Catch a glimpse of the snowcapped peaks with scenes from “Top Gun 2: Maverick” via helicoptertours, which take flight year-round from South Lake Tahoe Airport. Feeling daring, try Sky Combat Ace and experience pilot-for-a-day with the Top Gun package, aerobatic maneuvers over the Lake Tahoe landmarks shown in the movie, including Emerald Bay and Maggie’s Peak.
Get over the water with parasailing atZephyr Cove Resort like “The Bachelor” did on their date followed by a picnic at Baldwin Beach. Another iconic date included Arie and his suitor with a horseback ride through Camp Richardson Corral to Fallen Leaf Lake. Spoiler alert there’s not a hot tub along the trail but many accommodations do offer hot tubs for guests.Dinner at Hard Rock’s Park Prime followed by a concert inside the hotel was another special evening. Casey Webb, Travel Channel series, “Man v. Food,” recently visited Cold Water Brewery, Artemis and Fox & Hound. Other dining establishments for cast/crew included Edgewood’s Bistro, Brooks’ Bar & Deck, and Riva Grill.
Courtesy Tahoe Blue Wave
Tahoe Blue Wavemesmerized casts of both RHOBH and Kardashians. Camera crews utilized outfitters Tahoe Sports and Lake Tahoe Boat Rides to make scouting and filming possible. Camp Richardson Resort’s marina was the headquarters for “Modern Family” boats, jet skiing, canoeing, while the Marian Duplex and cabin were transformed for parts of the episode. During winter months stars were skiing/snowboarding at Heavenly Mountain Resortsnow tubing and ice skating at Edgewood Tahoe.
“You can’t buy the kind of exposure these various films and shows earn,” added Chaplin. “Through the El Dorado County Film Commission and our local partners, we continue to generate buzz and garner millions of impressions of our incredible destination.”
For a guide to South Lake Tahoe film locations check out the El Dorado County Film Commission’s movie map.
The Sierra Rose was used in the filming of “Modern Family” with Camp Richardson Resort & Marina as the headquarters; the houseboat is actually up for action: here. Credit: Lake Tahoe Visitors Authority
I got my papers. The ones from Vail Resorts’ attorneys telling all VR employees that we’ve got a settlement on the table for a lawsuit in California. The papers say we get about $80 bucks and all we have to do is sit back and wait for the check. Now, you might be thinking, “Wow, an extra $80 and I don’t have to do anything? Sweet. Vail rocks.” Not so fast.
The Vail Resorts Condensed Settlement History
More than a year ago, four former Vail Resorts employees at Heavenly Valley Resort in California (at separate times) found separate attorneys who would help them in their fight against “unjust enrichment and unpaid work”.
The first two were filed by Anna Gibson and Adam Heggen. Heggen’s, filed in California state court October 2020, alleged that Heggen was not paid for breaks and meals while working as a security guard for the resort.
Gibson filed her case in California Superior Court in April 2021. A third related case, also against Heavenly, was filed by Christopher Hamilton in July 2021. The fourth, from Paul Greg Robards, was filed in December 2021.
Vail had the Heggen, Gibson, Hamilton and Robards cases removed (transferred) to federal California court. Now, if you’re not yet confused, here’s another twist. Vail did not remove a second case filed by Hamilton in California state court based on the same facts. This is the Hamilton v. Vail case that is in front of all us VR employees at the moment. Vail submitted the settlement for approval in California state court and we either opt in or opt out.
All the other cases together allege “Vail violated federal and state wage and hour laws, and several related causes of action” but it’s been ‘stayed’ pending the outcome of the Hamilton case.
Vail Resorts Charges In Detail
In order to release all possible claims against Vail, Hamilton filed an amended complaint in California state court after the settlement was submitted for approval.*
The Action contains claims against Vail for: (i) unpaid wages (including but not limited to minimum wages, overtime wages, double time wages, and wage premiums) under the Fair Labor Standards Act (“FLSA”) and/or the laws of the states of California, Colorado, Wisconsin, Michigan, New York, Vermont, Minnesota, Utah, Washington, Ohio, Indiana, Missouri, New Hampshire, Pennsylvania, Nevada, and Wyoming (collectively, “Class States”); (ii) failure to authorize, provide or allow proper meal and/or rest periods under the FLSA and/or the laws of the Class States; (iii) failure to pay proper meal and/or rest break premiums under the laws of the Class States; (iv) failure to reimburse expenses, as well as any resulting claims for unpaid wages arising out of such allegations, under the FLSA and/or the laws of the Class States; (v) unlawful deductions, rebates, or refunds from wages, as well as any resulting claims for unpaid wages arising out of such allegations; (vi) breach of contract under the laws of the Class States; (vii) failure to accurately record time or keep accurate records under the FLSA and/or the laws of the Class States; (viii) failure to provide accurate employment records upon request under the laws of the Class States; (xiv) improper or inaccurate wage statements under the laws of the Class States; (xv) failure to pay timely wages during employment under the FLSA and/or laws of the Class States; (xvi) failure to pay timely wages at or after termination under the FLSA and/or laws of the Class States; (xvii) solicitation of employees by misrepresentation under the laws of the Class states; (xviii) fraudulent solicitation of employees under the laws of the Class States; (xix) employment under conditions detrimental to employee health under federal law and/or the laws of the Class States, (xx) unfair business practices under the laws of the Class States ; (xxi) false or deceptive representation or advertisement under the laws of the Class States; (xxii) statutory or civil penalties (including but not limited to those under PAGA); (xxiii) unfair competition under the laws of the Class States; and (xxiv) unjust enrichment under the laws of the Class States. The Action seeks damages for lost wages, interest, penalties, injunctive relief, and attorneys’ fees and expenses.
That’s pretty comprehensive. It basically doesn’t leave any room for employment challenges by any current employee in the future.
Is Vail Resorts The Big Bad Wolf?
Ask any ski area employee – from Vail, Alterra, Boyne, anywhere – and they will likely complain about some or all of the above ever since they started their jobs. We love our work but the resorts rarely return the love. I’m pretty sure our ski school director couldn’t put faces to names without the nametag. Ski areas prey on an employee’s passion for the ski industry. They know they can get away with mediocre treatment because defending what’s right is a fast track to unemployment. Plus, where would we go if every resort in our state is no different?
I aggressively asked for help on a private Facebook page about the inability to reach a human being to get my paperwork done and was told if I didn’t like it maybe Deer Valley was hiring. Really? What about listening to your employees and “doing better”?! Oh, and if you post concerns on the private FB page, it gets deleted by admin. It’s safe to say, most resorts don’t want to hear constructive feedback from their employees.
Ski resorts have a funky way of doing business since forever and they act surprised and offended when we speak up. VR even sends out biannual surveys asking for our input yet conveniently words the questions in their favor while excluding places to write in comments.
Think you should be paid while you stand around in your uniform waiting to be assigned a lesson? You usually aren’t. A snowboard instructor I met said, “This is bullshit,” and walked off one day. He never came back. For decades, the only alternative if you didn’t like something, was to leave or be fired.
So, while the California suit was bubbling in 2020 and unbeknownst to anyone outside of the immediate players, two ski instructors and a ticket scanner in a little VR ski area in Colorado called Breckenridge, decided to also go up against their employer.
Quint et al v. Vail Resorts Inc.
Those (2 former and 1 current) Breck employees filed a lawsuit in December 2020 alleging similar claims to the case in Heavenly. But their attorneys Ed Dietrich and Benjamin Galdston didn’t stop at just unpaid meal breaks. They went for the jugular… in federal, not state, court, and covered employees from 18 states instead of just California:
“All current and former Vail Resorts hourly employees who worked in the United States and who were not compensated for work-related equipment and cell phone costs or “off-the-clock” work including, but not limited to, travel time, donning and doffing time, and training time during the three years preceding the filing of this Complaint through judgment (the “FLSA Collective” or the “Hourly Employees”).” The complaint asserted claims for Vail Resorts’ violations of the federal Fair Labor Standards Act, (“FLSA”), and the laws of the States of Colorado, California, Utah, Minnesota, Wisconsin, Washington, New York, Vermont and Michigan, and common law. “Through this action, Plaintiffs seek recompense for unpaid wages, overtime and other benefits wrongly withheld from them and all other similarly situated current and former Vail Resort employees,” It went on.
The complaint alleged, among other things, that despite representing to job applicants, returning employees and competitors that Vail Resorts pays its employees a set base rate per hour worked, Vail Resorts willfully and systematically fails to pay its hourly employees for all hours worked at the hourly wage specified in employment agreements. For example, pursuant to Company policy, Vail Resorts generally pays ski and snowboard instructors (“Snow Sport Instructors”) at their regular rate for shifts of 6.5-7.25 hours per day. However, Vail Resorts supervisors and managers know that Snow Sport Instructors typically work more than 9 hours per day, including compensable time working while traveling on Company buses, donning and doffing indispensable uniforms and equipment, training, and “off the clock” work performed prior to and after shifts.
A Tale of Two Cases
While the California case is trying to settle for $13 million, the Colorado case, Quint et al v. Vail Resorts Inc., which has grown to more than 20 named plaintiffs since it was started, not only seeks far more than that but it also wants policy changes. If it actually had a chance in court, it could potentially signal to every other ski company in the U.S. that if they don’t behave accordingly with their own employees, they too could face sanctions. Just this season employees saw the consequences of the pending lawsuit. Vail began to pay for ‘donning and doffing’ and stopped requiring unpaid training clinics. But there’s nothing that would prevent them reversing these rules once the settlement is reached.
Makes sense that VR would want to quietly settle the California case for a few bucks and no consequences than face a much larger pricetag, and costly employment directives companywide like paid training, gear allowances, paid breaks, etc. that they couldn’t escape.
How to Respond to The Vail Resorts California Settlement
Pay attention to this part, kiddies. IF THE MAJORITY OF VR EMPLOYEES TAKE THAT $80 AND WALK, THERE MAY BE NO CLASS FOR THE COLORADO CASE AND NO OPPORTUNITY FOR THE MORE COMPREHENSIVE ALLEGATIONS TO BE CONSIDERED. There is also nothing in this California settlement that would encourage or direct Vail Resorts to make changes in their employment practices and isn’t that what we want? It’s not about the money. It’s about respect and real change.
[An anonymous VR employee posted this website for further clarification and links to the forms you need to opt out.]
“How can it only be $80 when the settlement is $13 million,” you ask? The breakdown was written in fine print and buried in your settlement docs:
Out of the $13.1 million to “settle all claims” (that means you can never sue for the same claims of unpaid wages EVER), $4.36 million will go to the lawyers. Another $500,000 — 3.9% of the settlement fund — will go to complaints made using the Private Attorneys General Act, and 75% of that ($375,000) will be paid to the California Labor & Workforce Development Agency for “assisting in facilitating that process.” That leaves $8.24 million to be distributed evenly across the 100,000 members of the class. That’s $82 bucks per person.
Except it’s not split evenly. Fulltime Heavenly ski instructors will get more than Vail’s other California employees, and the named plaintiff will also get a bigger chunk for their time and effort they put into the case. You might think, “But maybe a large portion of the 100,000 members will opt out so I will get more of the pie.” Not exactly. Most of the unclaimed leftovers get to go back to Vail!
Dietrich told SPL that his firm is fighting as hard as possible to get people meaningful recovery. He said the settlement notice is misleading and that VR is trying to get all of their liabilities settled in this one case without ever mentioning the Quint v. Vail case.
At the time of the Colorado filing, according to the filings in the Quint case, VR had a duty to disclose the California cases so they both could possibly be joined into one larger class action but VR didn’t say a word until it was too late. Perhaps VR was hoping to settle the California one first and bind all of their employees to it. That $80 bucks would automatically prevent every VR employee from being a part of the Colorado case or any other case suing over similar complaints. EVER.
What Happens If You Opt Out
If five percent or more of the employees opt out, then Vail can and probably will reneg on the California settlement. They’re not going to want to pay out on this one and then face another class action later.
By “waiving our rights” to this California settlement, we retain the right to make a change heard ‘round the ski world. What’s a paltry $80 worth if VR and every other resort can continue to abuse the passion we share for the ski industry? By turning down that $80, we can be part of a much broader settlement- the one waged in Colorado; it won’t be just about the money. It will be about change. If it goes to court, it will create laws that protect us; it will level the field and force resorts to treat their employees like any other. When you show up to work, you get paid until you leave. If you need thousands of dollars of equipment to do your job, it’s provided to you. If a smartphone is required for your job, it’s compensated. If training is required to keep your job, it’s provided and the list goes on. Now is not the time to wait for $80 to roll in. It’s the time to opt out, and dream of positive change.
You might now think, “Oops, I didn’t opt out but I’ll just tear up that check when it comes.” People, please read your notice again. Consider the wording in those instructions-
You are first told: If you want to participate in the Settlement and receive a monetary payment, there are two ways to do so. First, you can fill out and return the “Consent to Join” Form. Second, you can do nothing, wait to receive a payment, and then cash the check you receive.
HOWEVER, below these instructions it says: If you wish to exclude yourself and do not want to participate in the Settlement, send the Opt-Out Statement to the Settlement Administrator which will remove you from the Action and the Settlement. You will not receive any payment. You will keep your right to sue Vail for the legal claims in this Action. The Settlement will bind all Class Members who do not request exclusion by submitting an Opt-Out Form.
Let’s check out that last sentence again-The Settlement will bind all Class Members who do not request exclusion by submitting an Opt-Out Form.
In other words, if you tear up the check but don’t physically opt-out, you are still bound to the judgment. You just don’t get the $80 bucks. You have waived all your rights to later sue for uncompensated time and other allowances.
Nuts and Bolts
What you choose to do is entirely up to you but it helps to know the background and all the facts and how it impacts you and your love for the ski industry. What they have shared with us is misleading.
Your document says if you opt out, you retain your right to sue. They don’t tell you there’s already another case pending you could join so you don’t have to take on your own legal fight.
Even the opt out form is hard to find. It’s not online. It’s in your settlement packet and if you don’t have the Camscanner app on your phone, they make you think you have to snail mail it in, making you work even harder to stand up for your rights.
If you wish to be excluded from the Settlement, you must submit an Opt-Out Form to the Settlement Administrator on or before May 6, 2022. Did anyone else notice that only the ‘consent to join’ form is availableonline? If you want the opt out form, use the one that came in the mail or you can download this one, snailmail AND email it to info@resortsettlement.com.
Make sure that if you are emailing the form, you take a minute to add your two cents. I was told my comments would be forwarded to the settlement administrator and the judge. Let them know how you feel. Maybe it gets passed along to VR.
The compensation offered to us is grossly insufficient. They offered me less than $100. As a part-timer, I estimate that Vail shorted me over $2000 since 2016. Why does Vail get to keep the rest?
Vail refuses to admit that they didn’t “Do Right.” Yet, this season Vail changed many of the practices described in the complaint. That’s a tacit admission that Vail did not “Do Right” in the past. Remember all that training on Vail’s Core Values?
Vail makes no commitment to “Do Right” in the future. To “Do Right” would mean accurately recording ALL the time we work and paying for it.
The settlement amount is too small to make Vail “Do Right.” The plaintiffs claimed $108,000,000 in damages, then settled for 7.2% of that amount after fees and costs. WTF?
What To Do After You Opt Out
Maybe you didn’t. That’s ok. Maybe you opted out on principle to help other employees you feel were wronged but don’t really care for yourself. For those who did, if you have the time and energy, you could start your own case. With everything that’s going on in this realm, there’s bound to be an attorney at the ready. But maybe you agree that Vail should be forced to make changes but the idea of filing your own lawsuit is crazy.
Did you know you can ‘opt in’ to the Colorado case? Leave a comment below so we can try to help or find them here.
At the end of the day, we just hope you understand the mechanics of these lawsuits and choose the path that’s best for you.
The “Class Members” are all non-exempt employees who, at any time during the “Covered Period” worked for and were employed by Vail in the United States and worked primarily at one of its resort locations or mountain facilities. The “Covered Period” starts:
For Class Members employed in Wyoming, on October 21, 2010.
For Class Members employed in Indiana, Ohio, Washington, Minnesota, Vermont, New York, Michigan, Nevada, Wisconsin, and Colorado, on October 21, 2014.
For Class Members employed in Missouri, on October 21, 2015.
For Class Members employed in California, Pennsylvania, and Utah, on October 21, 2016.
For Class Members employed in New Hampshire, on October 21, 2017.
For Class Members not employed in one of the above identified states, on October 21, 2016.
The Covered Period ends, for all Class Members employed in California, on December 15, 2021, and for all Class Members employed in states other than California, on October 23, 2021.
