SeaWorld San Diego Owes Unpaid Wages to Workers Laid Off During Pandemic, Lawsuit Alleges

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Sea World LLC and SeaWorld Parks & Entertainment face a proposed class action over their alleged failure to pay all wages owed to workers laid off at the onset of the COVID-19 pandemic and not re-hired despite the companies’ stated plan to eventually bring them back.

The 22-page case states that under California law, an employer who lays off its employees must immediately pay out all earned wages. According to the complaint, SeaWorld laid off thousands of employees in April 2020 in response to the COVID-19 pandemic without paying them vacation wages, paid time off wages, overtime and meal and rest break premiums.

Moreover, the lawsuit claims the defendants failed to provide accurate wage statements in accordance with California law and failed to offer laid-off employees all open job positions for which they were qualified, in accordance with a San Diego emergency order.

The plaintiff most recently worked for SeaWorld San Diego, who also does business as Aquatica San Diego, as an entertainment specialist tasked with creating, writing and producing events and shows at the theme park. Per the suit, the plaintiff and thousands of others were laid off in April 2020 with little or no notice and no return-to-work date. Employees were allegedly told that SeaWorld planned to bring them back once operations resumed, and the individuals were instructed not to perform any work during their layoff, per the suit.

The case relays, however, that SeaWorld instead hired new individuals to fill the laid-off workers’ positions. Although the defendants paid former employees some of the wages they were owed, they still have not been paid the entirety of the wages owed to them, including vested vacation or paid time off wages, according to the complaint.

The lawsuit further alleges that SeaWorld failed to provide complete and accurate wage statements in accordance with the California Labor Code.

Moreover, SeaWorld failed to offer laid-off employees in writing all positions that became available and for which the workers were qualified, despite being required to do so under Emergency Ordinance No. O-21231 of the San Diego Municipal Code. 

Initially filed in San Diego County Superior Court on August 25, the lawsuit was removed to California’s Southern District Court on December 9, 2021.

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