Arbitration
LAD Arbitration Limitation Struck Down By Federal Court
In 2019, when the New Jersey Law Against Discrimination (“LAD”) was amended at the height of the “Me Too” movement, one change made was adding a provision that precluded an employer from requiring an employee to waive their right under the LAD to a jury trial. Most employment law practitioners understood that this provision was […]
Arbitration Clauses: Valid or Invalid?
The answer is “Valid,” thanks to the efforts of Capehart Scatchard shareholder Laura D. Ruccolo, Esq. who won a landmark decision on June 5, 2019, which will impact business entities in New Jersey for many years to come. Who Decides Whether an Arbitration Clause in a Commercial Contract is Valid? “The arbitrator,” said the […]
Beware of Carelessly Drafted Employee Arbitration Agreements
Many employers today utilize employee arbitration agreements as a means of eliminating potential court litigation. In place of pursuing legal claims in a judicial forum, the arbitration agreement substitutes a private resolution mechanism, such as utilization of an arbitrator, to resolve employee legal grievances. Arbitration agreements are an effective way of keeping employee disputes outside […]
Can You Enforce Your Arbitration Clause?
The odds are that your company has an employee handbook that governs the workplace. You also most likely (hopefully) have a clause in your handbook indicating that the handbook does not create a contract between the employer and employee and the terms of the handbook can be changed at any time without notice to the […]
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