Marlene M. Moffitt

Shareholder || San Diego

For over 10 years, Marlene has been litigating wage-and-hour class actions and representative actions under PAGA (the California Labor Code Private Attorneys General Act) against employers and business owners in a wide variety of industries, including transportation, finance, technology, restaurant, retail, courier/delivery service, manufacturing, staffing services, and security and protection services. Marlene has obtained complete dismissal of class and PAGA claims prior to trial and substantially narrowed the scope of claims, through successful dispositive motions (demurrers, motions to dismiss, summary judgment motions, etc.), motions to compel arbitration, and motions to deny class and representative treatment of claims. Marlene has handled several jury and bench trials, arbitration proceedings, and administrative hearings.

Marlene has also successfully negotiated numerous favorable settlements in class and PAGA actions involving thousands (and, in some cases, tens of thousands) of employees with several millions of dollars in potential exposure.
In addition to her litigation practice, Marlene regularly provides advice to employers and business owners on employment law compliance and litigation avoidance, including advice on employee exempt and non-exempt classification, independent contractor status, complex pay practices and policies, wage statements, meal and rest periods, uniforms, alternative workweek scheduling, expense reimbursements, DOL audits, records request responses, and discipline and termination.

Prior to joining Ogletree, Marlene was an attorney at Gordon & Rees, Arnold & Porter Kaye Scholer, and Allen Matkins. She also worked as a senior clerk for the United States District Court for the Southern District of California and Ninth Circuit Court of Appeals. Marlene started her legal career as a member of the in-house legal team for Capital Research and Management Company (also known as Capital Group Companies or American Funds), one of the largest mutual fund companies in the world. Marlene uses these experiences every day in providing advice and strategy to companies ranging from mom-and-pop operations to large closely-held or publicly-traded companies.

Marlene’s recent successes include:

  • Winning summary judgment against PAGA claims brought against security services employer (currently being litigated on appeal)
  • Winning dismissal with prejudice of meal and rest break claims brought against transportation services employer
  • Winning motion to compel arbitration and dismissal of wage-and-hour class claims brought against transportation services employer
  • Winning motion to compel arbitration and dismissal of wage-and-hour class claims brought against security services employer
  • Defeating class certification on wage-and-hour claims brought by non-exempt employees against manufacturing employer
  • Defeating motion to intervene by objectors to class and PAGA settlement
  • Negotiating a global settlement of dozens of individual arbitrations asserting wage-and-hour claims against security services employer
  • Negotiating a global settlement involving several overlapping and copycat class and PAGA actions against manufacturing employer
Learn more about Marlene M. Moffitt

Education

Admittance to Practice