Thompson Coburn • Los Angeles
Keith Rasher has nearly a decade of experience in labor and employment law.
"Initially, I attended law school intending to pursue entertainment law and soon discovered a significant overlap between entertainment and employment issues," he said. "This overlap, along with friends' stories about their complex and challenging cases, piqued my interest and led me to explore employment law further."
One of Rasher's most notable cases was the defense of First Honda of Simi Valley. This pivotal Private Attorneys General Act case, which spanned more than five years and concluded with an eight-day bench trial in Ventura County Superior Court, centered around allegations that the dealership's pay plan unlawfully used bonuses to meet minimum wage requirements, in violation of California Labor Codes, Rasher said.
He secured a complete defense verdict, with the court finding insufficient evidence presented by the plaintiffs and awarding over $17,000 in costs to the defendants. Rasher said the outcome is particularly significant given the rarity of PAGA cases going to trial due to their complexity and the high stakes for employers, making the complete defense verdict a remarkable achievement.
The crux of the case involved demonstrating that the plaintiffs were compensated for all recorded hours and that their wages were not supplemented by bonuses, a challenge that Rasher successfully navigated.
"The plaintiffs claimed they were systematically underpaid, including not receiving meal and rest breaks," he said. "Proving the absence of violations in wage and hour claims is inherently challenging; it's like proving a double negative. Through meticulous cross-examination and compelling witness testimony, we demonstrated the insufficiency of the plaintiff's evidence, showing they could take their meal and rest breaks and were compensated for all hours worked."
In a separate matter, Rasher successfully defended Best Western International against claims of wrongful termination and disability discrimination. He argued that BWI did not exercise day-to-day control over the hotel's operations, which led to the court granting summary judgment in favor of BWI. The case concluded with a favorable settlement for the local hotel, sparing BWI from unwarranted liability and setting a legal precedent.
Rasher also noted a growing trend in the legal landscape regarding meal and rest period compliance. He said recent decisions by the California Supreme Court have increased the burden on employers to maintain precise records of employees' breaks. While employers are not obligated to enforce these breaks, inadequate records can now lead to presumptions against them in court.
"This trend underscores the importance of employers having robust compliance policies and diligent record-keeping practices," Rasher said.
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