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Disneyland Article
Walt Disney Hit With Ex-Employees Wage Class Action

ID:TMS-2937
Source:law360
Author:Andrew Westney
Dateline:June 20, 2014
Posted:June 23, 2014
 
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A former Disneyland employee hit two units of The Walt Disney Co. with a putative class action on Thursday in California court, alleging it had failed to pay vacation wages to former workers at six Disney properties when they left the company.

California resident Reykeel Zorio claims Walt Disney Worldwide Services Inc. and Walt Disney Parks and Resorts U.S. Inc. failed to pay him accrued vacation time he was due when he left Disney, violating state labor law.

The companies also willfully failed to immediately pay fired employees wages, vacation time and other compensation they were owed, as well as pay such compensation within 72 hours to those who quit, as required by state law, according to the complaint.

"Moreover, the final wages that defendants eventually paid to each plaintiff did not include all of the wages, vacation time and other compensation that were in fact due and owing to plaintiff," the complaint said.

Zorio began working at Disneyland Resort in November 2011 as a nonexempt employee after being hired by Walt Disney Worldwide Services and transferred to work for Walt Disney Parks and Resorts, the complaint stated. Walt Disney Parks and Resorts manages the company's parks, and Walt Disney Worldwide Services operates the finance data-processing system that pays the employees, according to the complaint.

The proposed class would comprise all former nonexempt employees of the companies who worked at any of six California properties in the past four years, according to the complaint. The properties are the Disneyland Hotel, Disney Grand Californian Hotel & Spa, Disney's Paradise Pier Hotel, Downtown Disney District, Disneyland Park and Disney's California Adventure Park.

Zorio brings three causes of action against Disney, seeking damages for unpaid vacation wages at the time of the employees' discharge, restitution of wages and disgorgement of profits due to fraudulent, unfair and illegal business practices, the complaint states.

The class members, the number of which would exceed 500, also are entitled to receive wages for each day they were not paid at their regular rate for up to 30 days from the time they were due as a penalty under state law, according to the complaint.

Representatives for Disney were not immediately available to comment on Friday.

The plaintiff is represented by Neal J. Fialkow and James S. Cahill of the Law Offices of Neal J. Fialkow Inc. and Sahag Majarian II.

Counsel information for Disney was not immediately available.

The case is Zorio v. Walt Disney Worldwide Services Inc. et al., case number BC549292, in the Superior Court of the State of California, County of Los Angeles
 

 
 
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