Overton

Overton v. Walt Disney Co.

Good Law
136 Cal. App. 4th 263·38 Cal. Rptr. 3d 693
Court of Appeal of CaliforniaFebruary 1, 2006B179854California4,376 words

Opinion

Opinion

Croskey, J.

In Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 [ 94 Cal.Rptr.2d 3 , 995 P.2d 139 ] (Morillion), the California Supreme Court held that employees must be compensated for travel time when their employer requires them to travel to a work site on employer-provided buses. Plaintiff, a former Disneyland employee, was assigned parking in a lot one mile from the employee entrance to Disneyland. Disney provided a shuttle from this lot to the employee entrance. Plaintiff brought a proposed class action on behalf of all Disney employees who parked in the satellite lot, seeking compensation for their travel time on the shuttle. As it is undisputed that Disney employees were not required to drive to work and take the shuttle, we conclude this case falls outside the mandate of Morillion. We therefore affirm the summary judgment in favor of Disney.

FACTUAL AND PROCEDURAL BACKGROUND

The controlling facts are not in dispute. Defendants Walt Disney World Company and Walt Disney Company (collectively Disney) own and operate the Disneyland Resort (Disneyland) in Anaheim. Disneyland consists of two theme parks (Disneyland Park and Disney’s California Adventure), a shopping district…

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