Case details

Dental Technician: Overtime and meal period wages owed

SUMMARY

$31000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
In September 2009, plaintiff Jose Gomar was hired as a dental technician at Smile Implant Center in Newport Beach, but ultimately left for a new job in October 2011. He claimed that in the 25 months he worked at Smile Implant Center, he did not receive any pay for overtime, meals or rest periods. Gomar sued Teich Abazarnia Dental Corp., which was doing business as Dental Implant Center, and the owner of the business, Thomas Teich. The matter ultimately proceeded to a bench trial. Gomar claimed that he had a contract as a full-time employee with Smile Implant Center, but that the defendants violated the California Labor Code by failing to pay him for overtime hours, or for accrued meal and rest periods. His counsel subsequently presented documents and pay stubs as evidence of Gomar’s hours and wages. Teich claimed that Gomar was not owed any wages for overtime, or meal and rest periods since Gomar was an independent contractor and not entitled to those types of wages. Furthermore, Teich claimed that Gomar did not work the overtime hours claimed in his complaint., Gomar sought $31,000 in total economic damages for unpaid overtime, and meal and rest period wages. He also sought appropriate waiting time penalties.
COURT
Superior Court of Orange County, Santa Ana, CA

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