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07 Jul 2016

RIVERSIDE, Cali. — Waterpark Ventures subsidiary Splash Kingdom has been named in a lawsuit claiming that the company violated labor regulations including neglecting to accurately chart hours worked and subsequently pay employees accordingly, according to the San Bernardino Sun. 

Riverside FLSAThe lawsuit was filed in San Bernardino Superior Court on behalf of the guardian of a former lifeguard who is currently only 17 and ineligible to file a lawsuit on his own behalf.

While aware of the lawsuit and the claims brought against them, general manager for Splash Kingdom, Matt Keil has stated that, “We feel it lacks merit and we cannot comment further on a pending litigation.”

However, the plaintiffs attorney indicated that the lawsuit alleges that labor violations are widespread at Splash Kingdom as the water park failed to provide workers with overtime compensation, minimum wage, meals and rest breaks, pay in a timely manner, copies of wage statements, and reimbursements for job-required costs.

Additionally, Splash Kingdom reportedly “declined (the) Plaintiff of his earned wages and government program contributions for benefits in an effort to increase profits” and “gain an unfair business advantage at the expense of lifeguards and the public.”

The unfair wages detailed in the lawsuit are comprised of a 15 minute period before every shift in which employees were required to be in uniform and tending to guests’ needs as though their shift had begun. However, although state and federal labor law requires employers to compensate employees for off-the-clock work, Splash Kingdom failed to do so in this situation.

The plaintiff was an employee for Splash Kingdom from April 2015 until the water park “no longer scheduled him for any shifts” in the fall of 2015.

Violations are believed to have began occurring in 2012 when Waterpark Ventures took over site operations and instituted new employment policies and methods. Attorneys believe that up to 300 former and current employees could have been negatively and illegally affected by the companies employment practices.

Riverside Overtime and Minimum Wage Labor Regulations

Although it only stands as the 12th most populous city in California, a population exceeding 300,000 permanent residents and its close proximity to Los Angeles makes Riverside a city filled with economic activity.

Riverside is a popular tourist destination for aviation fans from across the United States but also sports the standard summer weather attractions much of the South and Southwest boast.

These attractions include waterparks and other thrill and water-based venues. Oftentimes, these venues employee inexperienced or college aged workers on a seasonal basis. With these employees being unaware of the full extent of labor rights entitled to them by state and federal law, employers can frequently exploit them.

The state mandated minimum wage and federally dictated overtime wage requirement are often cited as the two most violated labor regulations by employers. California currently touts a minimum wage of $10.00 per hour, a rate far higher than most other states.

Employers often attempt to violate the minimum wage by altering employee compensation status or by altering the hours worked on time sheets. This wage is important to note when considering required overtime pay compensation as well.

As required by the Fair Labor Standards Act, non-exempt employees who work more than 40 hours in a standard work week are entitled to 150% of their standard hourly wage for all overtime hours worked. In California, this means that overtime work by a non-exempt employee should be compensated with at least $15 per hour.

If you believe that you were exploited by a former or current employer, contact (855) 754-2795 today to investigate the validity of your claims and begin the filing process for a labor regulation violation lawsuit.

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