Should ski resort workers be paid for commuting on the lift to their working location? According to one individual who works for the Aspen Skiing Company, that should be the case.
It was reported by the Aspen Daily Times back in November that Craig Stout is suing Aspen SkiCo. over alleged false promises over their wage policies and perks. In response, the Aspen Skiing Company filed a motion to dismiss the lawsuit on December 29th.
He is arguing that Aspen Skico. violated the Colorado Wage Claim Act, Colorado Minimum Wage Act, and the Colorado Consumer Protection Act. In addition, he is accusing them of breach of contract and civil theft.
Since 2022, Craig has worked at several on-mountain restaurants across Aspen SkiCo’s four mountains. One of the key issues that the lawsuit brings up is that time commuted up and down the chairlift, snowmobile, or snowcat doesn’t count as work, even though they had to bring items like trash cans and trash with them. The lawsuit claims that workers “face physical hazard and exertion well beyond normal commutes in order to get to and from these on-mountain facilities.” In other words, due to the risks of the on-mountain commute, it should count as work.
In Aspen SkiCo’s response, they claimed that this time shouldn’t matter because it is safer on a chairlift or gondola than during the drive to work. They mention that workers are required to sign waivers that the on-mountain commute is part “of the ordinary course and scope of my employment.”
Here is Aspen Skico’s written response to the safety claims:
“Drivers, too, must use safety equipment — a seat belt. Indeed, it defies common sense to think that sitting in an enclosed gondola, for example, is more dangerous than navigating snowy, icy roadways with fellow drivers nearby. You surely feel safer riding ASC’s gondolas than driving in winter conditions to ASC’s base areas. The same goes for riding a snowcat or snowmobile, which, unlike a typical car, are designed exclusively to handle winter conditions.”
Stout’s lawsuit also claims that workers didn’t get to use the ten-minute break time every four hours, which is what the state of Colorado requires employers to do:
“(SkiCo) had no legal justification for its failure to comply and, by failing to properly pay for the missed break time, shorted employees for their time worked, including unpaid minimum wage, unpaid straight time, and unpaid overtime.”
The Skico. argued in their filing that “employees may not forgo breaks,” and that employees are allowed to “take one paid 10 minute rest break for every four hour worked.”
In terms of the perks, the lawsuit alleges that Aspen Skico’s website lists free & discount lift tickets for family and close friends as a worker benefit. After starting employment there, the plaintiff discovered this is only for employees who have worked there for two or more years. In response, the Skico. denied that their employee benefits are clearly pointed out on their website.
The lawsuit will need a judge’s certificate of approval before it can become a class action lawsuit. A public notice would follow, which is when other employees at Aspen Skico. could join.
Image Credits: Chase Baker (Featured Image), Joshua Sukoff (Header Image), Jamie Fenn
