Blake Bertagna is of counsel in the Employment Law Department and is based in the firm’s Orange County office. Mr. Bertagna defends employers in both the federal and state courts in complex employment litigation, including class action and multi-plaintiff employment discrimination lawsuits, wage and hour class and collective actions, and trade secrets and restrictive covenant matters, as well as individual cases for discrimination, harassment, retaliation, wrongful discharge, and other statutory, contract, and tort claims.
Mr. Bertagna represents major corporations in diverse fields, including the financial services, technology, insurance, sports and entertainment, retail, pharmaceutical, and health care industries. Mr. Bertagna has authored numerous articles and spoken on a range of employment topics, which have appeared in publications such as Bloomberg BNA, Law360, Bender’s Labor and Employment Bulletin, and Cornell HR Review.
Mr. Bertagna is a core member of the firm’s team assisting federal contractors with their obligations under Executive Order 11246 and related laws and regulations. Mr. Bertagna has a national practice advising and defending clients of all sizes and industries in matters involving pay equity and OFCCP proceedings. Mr. Bertagna has overseen the preparation of hundreds of affirmative action plans and defended OFCCP audits, including desk audits and onsite audits. In addition, Mr. Bertagna provides strategic advice and counseling to employers on diversity programs and employment compliance diagnostics.
Before joining Paul Hastings, he served as a law clerk to the Honorable Robert C. Jones of the United States District Court for the District of Nevada and the Honorable Milan D. Smith, Jr. of the United States Court of Appeals for the Ninth Circuit. Mr. Bertagna is admitted to the bars of California and the District of Columbia.
- Brigham Young University J. Reuben Clark Law School, J.D., 2006 (magna cum laude)
- Brigham Young University, B.A., 2002 (History) (cum laude)
Engagement & Publications
§ “COVID-19 May Test ADA Employee Attendance Standards,” Law360 (Apr. 2020)
§ “Labor Law,” instructor, 2019 Institute for Applied Management & Law Seminar (Aug. 2019)
§ “Me Too/Sexual Harassment & Responding to Complaints,” presenter, 2018 California Alliance of Paralegal Associations Conference (June 2018)
§ “Law School for Contractors 101,” co-presenter, 2017 ILG National Conference (Aug. 2017)
§ “Law School for Contractors 101, co-presenter, 2017 ILG National Conference (Aug. 2017)
§ “Developing Compliant Programs and Successfully Navigating OFCCP Compliance Evaluations,” co-presenter, 2016 Southern California Pacific Regional ILG Summit (Sept. 2016)
§ “The Burgeoning Bulletin Boards of Federal Contractors,” Law360, co-author (Jan. 2016)
§ “A Look At The Latest In California Labor Law – Parts 1 and 2,” Law360, co-author (Oct. 2015)
§ “Proposed Amendments To The Federal Acquisition Regulations Pose Substantial New Burdens and Risks for Federal Contractors – Parts 1 and 2,” co-author, Government Contracting Law Report (Aug. 2015)
§ “Tracking The ‘Year Of Action’ For Gov’t Contractors,” Law360 (Dec. 9, 2014)
§ “Navigating California’s Wage-and-Hour Laws Calls for Planning, Precision,” Bloomberg BNA Daily Labor Report (Nov. 25, 2014)
§ “‘Pay Averaging’ Post-Armenta – Revisiting the Prohibition against ‘Averaging’ Commissions and Piece Rates,” Matthew Bender’s Labor and Employment Bulletin (Nov. 2014)
§ “The ABA’s Newly Adopted Principles Assist Companies In Eliminating Supply Chain Labor Trafficking and Child Labor,” Bloomberg BNA Daily Labor Report (May 2, 2014)
§ “10 FAQs Clarifying (Sort Of) Obligations Under VEVRAA,” Law360 (Mar. 24, 2014)
§ “Genesis v. Symczyk: A Win for Employers in the End,” Law360 (April 25, 2013)
§ “PAGA: One Decade Later,” The Employee Relations Journal, Vol. 39, No. 1, pp. 44-56 (Summer 2013)
§ “For-Profit Volunteers: The Fair Labor Standards Act’s Limits on Volunteering in the Private Sector,” Bloomberg BNA: Daily Labor Report (September 2012)
§ “The ‘Miscellaneous Employee’: Exploring the Boundaries of the Fair Labor Standards Act’s Administrative Exemption,” 29 Hofstra Lab. & Emp. L.J. 485 (2012)
§ “Farms and Factories: A Modern View of the Administrative/Production Worker Dichotomy,” 26 California Labor and Employment Law Review No. 3, at 7 (May 2012)
§ “The Value of Discretion,” Cornell HR Review (April 2012)
“The Internet—Disability or Distraction? An Analysis of Whether ‘Internet Addiction’ Can Qualify as a Disability under the Americans with Disabilities Act,” 25 Hofstra Lab. & Emp. L.J. 419 (2008)
- Member, California Bar Association, Labor & Employment Law Section