S-Trip worker misclassification $450K class action settlement

S-Trip agreed to pay $450,000 to resolve claims it misclassified Canadian employees as volunteers.

The settlement benefits individuals who worked as trip leaders for Breakaway Tours and/or S-Trip trips departing from Ontario between June 3, 2014, and Dec. 23, 2020. 

S-Trips and Breakaway Tours offer student trips to locations in the United States. Trips operated by the companies reportedly range from one-day trips to multi-day excursions. S-Trips have been criticized for allowing underage binge drinking without supervision, according to CBC.

According to a class action lawsuit against S-Trip and Breakaway Tour operators, the companies misclassified Canadian trip leaders as volunteers. As a result, Canadian trip leaders are allegedly denied the wages they earned under labor laws.

“Despite the Trip Leader Agreement which purports to characterize Trip Leaders as ‘volunteers,’ the defendants otherwise use the language of employment to describe the work performed by Class Members,” the S-Trip class action lawsuit contends.

“The Trip Leader position is referred to as a ‘job’; the defendants represent that they are ‘hiring’ destination staff; working for the defendants is referred to as ‘staffing’; and Trip Leaders are referred to as ‘staff.’”

Instead of being paid hourly, trip leaders allegedly paid per trip. For one or two trips, leaders reportedly receive only $150 per program. Although rates increased with the number of trips worked, trip leaders say that these wages are not sufficient under wage-and-hour laws. 

Trip leaders in the class action lawsuit sought back wages from the trip companies.

S-Trip hasn’t admitted any wrongdoing but agreed to a $450,000 class action settlement to resolve these allegations.

Under the terms of the S-Trip class action settlement, class members will receive a cash payment based on the number of trips they worked during the class period. 

According to the settlement website, these payments will be equivalent to over eight hours of minimum wage after factoring in $150 honoraria payments and the value of room and board provided on trips.

Class members are estimated to receive $100 for each trip worked during the pre-limitation period, $324.78 for Breakaway Tours trips worked during the post-limitation period and $668.30 for each S-Trip trip worked during the post-limitation period. 

However, actual payments may vary depending on the net settlement fund after deductions and the number of participating class members. 

The deadline for exclusion was May 15, 2022. 

The final approval hearing for the S-Trip class action settlement was scheduled for June 27, 2022.

In order to receive settlement benefits, class members must submit a valid claim form by Dec. 29, 2022.

Who’s Eligible

Individuals who worked as trip leaders for Breakaway Tours and/or S-Trip trips departing from Ontario between 06/03/2014 – 12/23/2020

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/29/2022

Case Name

D’Andra Montaque v. Handa Travel Student Trip Ltd., et al., Court File No. CV-18-00598257-CP, in the Ontario Superior Court of Justice

Final Hearing

06/27/2022

Settlement Website

S-TripSettlement.com

Claims Administrator

RicePoint Administration Inc.
S-Trip Class Action Administrator
P.O. Box 3355
London, Ontario N6A 4K3
tripclassaction@ricepoint.com
888-525-8792

Class Counsel

GOLDBLATT PARTNERS LLP

Defense Counsel

BORDEN LADNER GERVAIS LLP