Facts

Plaintiff Raffi Yakhaman was employed as a smog check technician by defendants Rocket Smog Inc., David Schwartz and Ann Sadeck. Yakhaman claimed he was terminated because he complained about being denied meal and rest breaks.

Yakhaman sued Rocket Smog, arguing he was unfairly denied breaks.

PLAINTIFF'S CONTENTIONS:
Yakhaman claimed that while he worked at Rocket Smog, he was forced to work overtime without pay and was not allowed to take the required work and meal breaks as prescribed by labor law. Yakhaman also claimed defendant Schwartz was the alter ego of Rocket Smog and accordingly, should be personally liable for the company's Labor Code violations.

Yakhaman disputed defendants' allegations that he removed company documents, asserting that he removed a copy of his work records to show overtime.

DEFENDANTS' CONTENTIONS:
The defendants argued Yakhaman was fired for taking company records off of the premises.

Damages

Yakhaman sued for $150,000 in damages and punitive damages, as well as for civil penalties and attorney fees under Labor Code Section 2699.

Result

The jury found that Yakhaman was not fired because he objected to overtime or mandatory break violations. The jury awarded costs to defendant Schwartz. In addition, the jury found plaintiff was paid at a lower rate than the required legal overtime compensation rate for meal breaks where he was required to remain on duty for Rocket Smog. Yakhaman was therefore awarded a total of $1,631, consisting of $681 in past lost earnings and $950 in civil penalties.