Vacation Pay at Issue in Disney Class Action Lawsuit

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A former Disneyland employee filed a wage and hour class action lawsuit on behalf of himself and other former Disney employees who allegedly were denied paid vacation time, portions of final wages, and other forms of monetary compensation due to them during their time as Disney employees.

Plaintiff Reykeel Zorio was initially hired as an employee by Walt Disney Worldwide Services Inc. on Nov. 15, 2011, and was soon after assigned to work at the Disney Resort, located in Burbank, Calif. When Zorio’s employment at the Disney Resort was terminated, he claims that his employer violated California labor laws by not paying him for accumulated vacation time.

The unpaid vacation time lawsuit also alleges that other former employees, like Zorio, in addition to being denied pay for vacation time, also did not receive final pay in a timely manner. Per California law, an employee “who quits without giving prior notice, must be paid his or her wages within 72 hours. If the employee gives at least 72 hours’ notice of his or her intention to quit, those wages must be paid at the time of quitting.” According to the Disney class action lawsuit, when the employees finally did receive their pay, it was less than the compensation that they should have received based on vacation time accrued and hours worked.

Based on these grievances, Zorio alleges that Disney should provide compensation for damages for unpaid vacation time accrued, reimbursement of wages, and punitive damages for unfair and illegal business practices.

Class Members of the Disney wage and hour lawsuit would include more than 500 former Disney employees who have worked at the following locations in California: Disneyland Hotel, Disney Grand Californian Hotel & Spa, Disney’s Paradise Pier Hotel, Downtown Disney District, Disneyland Park, and Disney’s California Adventure Park.

California Labor Laws Regarding Vacation and Final Pay

California and federal labor laws were put in place to protect workers’ right to a fair wage and safe working environment. While California law does not have a specific rule requiring employers to provide employees with paid or unpaid vacation, an employer with an existing paid vacation policy must comply with that obligation.

According to the California Department of Industrial Relations:

“Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination.”

Disney is not the only California business facing class action lawsuits over unpaid wages, wage and hour violations, and unpaid overtime. A variety of businesses allegedly have wrongfully denied  employees fair wages, paid overtime, or rest and meal breaks.

Join a Free Unpaid Overtime Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. Learn more and obtain a free evaluation of your case to see if you’re eligible for back pay and other compensation at the Unpaid Overtime Lawsuit: Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.