Category: Brett K. Wiseman

Graphic of article titled "Arbitration Agreements are (temporarily) Solution to PAGA claims" by Brett K. Wiseman, Esq., from Madison Law
2022, Brett K. Wiseman, Business

Arbitration Agreements are (temporarily) Solution to PAGA claims

Arbitration Agreements are (temporarily) Solution to PAGA claims On June 15, 2022, the United States Supreme Court issued its opinion in Viking River Cruises, Inc. v. Moriana.[1]   That opinion provides that an arbitration agreement may be enforced to require an employee to arbitrate that employee’s individual PAGA claims.  That opinion further provides that there is no current law that would permit the representative PAGA claims to go forward in court […]

Two employees wearing facemasks
Brett K. Wiseman, Covid-19, Employment Law

Handling The COVID-Sick Employee

Handling the COVID -Sick and Purportedly COVID -Sick Employee The main questions we receive from employers during the pandemic is how to keep sick employees’ home and how to get healthy employees working.  These are reasonable questions.  Ordinarily, California’s employment laws are particularly employee friendly and are best understood only after the courts have had an opportunity to interpret the unfortunately ambiguous language provided by the legislature.  Due to COVID-19, […]

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Brett K. Wiseman, Employment Law

Wrongful Termination & Hostile Work Environment Claims

The most common civil claims against employers relate to either (1) problems with wages and hours worked, or, (2) termination and harassment claims.  Claims in the first category may include overtime issues, missed meal or rest periods, inaccurate paystubs, bonus payments, and similar issues.  While the details can be quite complicated, the basic question involved in this first category is relatively straightforward: are the wages being paid appropriate under the […]

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Attorney, Brett K. Wiseman, Employment Law

Don’t Pay Twice: Unpaid Subcontractor Employee Wages and Cal. Labor Code § 218.7

Beginning January 1, 2018, Contractors are directly liable for the wages of any unpaid employee of their subcontractors, of any tier.  This is the effect of California Labor Code § 218.7[1].  California has continued its efforts to ensure that worker’s who are not paid their wages are guaranteed to receive them, no matter who ultimately must pay[2]. Contractors should already be familiar with the risks of unpaid subcontractor wages.  Under […]