An employee at Six Flags Magic Mountain alleged her employer forced her to work 14-hour days, clock out for breaks while continuing to work and was retaliated against when she made a sexual harassment complaint, according to a lawsuit filed on her behalf.
Scarlette Barajas and her attorney are suing for $500,000 in damages on behalf of all of Magic Mountain’s “aggrieved employees,” which includes labor code penalties and unpaid wages, according to the lawsuit.
Barajas’ attorney, Christina Coleman, said she does not expect additional plaintiffs to be added to the complaint, but said she will represent any who wish to come forward.
“The lawsuit was not filed as a class action, so I do not expect other plaintiffs to be added, although there is a (Private Attorneys General Act) claim so we are seeking penalties on behalf of all aggrieved employees, not just Ms. Barajas,” wrote Coleman in a statement. “That being said, if another VIP worker reaches out to me for representation having suffered the same violations, I’d certainly consider representing them.”
The Labor Code Private Attorneys General Act authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the state of California for labor code violations.
Barajas had worked at Six Flags since 2017 before becoming a VIP tour guide in 2021. It was during her time as a VIP tour guide that she alleges the labor violations began.
Barajas alleged that, while giving tours, she was instructed to clock out for rest and meal breaks — time off the clock that wasn’t recorded on her paystubs, according to the complaint, which resulted in her working 10- to 14-hour days with no overtime pay.
The complaint also alleges that all of the tour guides were subject to these conditions.
The complaint stated, “The acts taken toward (Barajas) were carried out by officers, directors and/or managing agents acting in a deliberate, cold, callous, cruel and intentional manner, in conscious disregard of (Barajas’) rights and in order to injure and damage (her).”
Barajas also alleged false rumors were spread by her supervisors that she kissed a co-worker at a party and that when she made a complaint about it to human resources, they told her an investigation took place and policies regarding rumors were implemented.
However, the complaint alleged she was retaliated against by being “banished” to an off-site call center and omitted on the schedule for further VIP tours.
The complaint lists Magic Mountain LLC and 20 “Does” as its defendants, which it deems are “one in the same,” and acted as a single entity when the allegations took place.
Barajas’ attorney is also requesting a jury trial.
Magic Mountain has not responded to a request for comment, at the time of this publication.
