Brett Tengberg represents employers in complex employment litigation, with a focus on California wage-and-hour class actions and PAGA matters. As a member of Ogletree Deakins’ California Class Action and PAGA Practice Group, Brett works with clients early in a matter to understand the practices at issue and assess potential exposure. He analyzes payroll, timekeeping, and workforce data to identify the issues driving potential liability and inform the defense. As matters develop, Brett advises clients on the risks and costs of continued litigation, including when early resolution may make business sense.
In class actions, Brett has successfully enforced class action waivers to secure dismissal of putative class claims and compel individual claims to arbitration. When class claims remain, he develops strategies to oppose class certification, pursue dispositive relief, and focus discovery on the issues that drive liability and damages. Brett uses these strategies to narrow the claims and employee populations at issue, reducing potential exposure and litigation costs.
In PAGA matters, Brett helps employers evaluate alleged violations and take advantage of available opportunities to cure or narrow representative claims. He advises clients on California’s PAGA cure procedures, including investigating alleged violations, identifying affected employees, quantifying remediation, and implementing corrective measures. When representative claims remain, Brett works to narrow the violations, employee populations, and pay periods at issue, reducing potential penalties and the cost and burden of discovery and resolution.
Beyond litigation, Brett helps employers identify and correct wage-and-hour compliance issues before they develop into costly class or representative actions. He advises clients on timekeeping and pay practices, meal and rest periods, regular-rate calculations, expense reimbursement, employee classification, and other areas of wage-and-hour compliance.
Brett also represents employers in single-plaintiff employment litigation involving discrimination, harassment, retaliation, whistleblower, and wrongful termination claims.
Brett was selected for inclusion in the 2027 edition of Best Lawyers: Ones to Watch® in America for Litigation – Labor and Employment, and Labor and Employment Law – Management.
