11.15.2023Ending Forced Arbitration of Sexual Harassment, Not DiscriminationArbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties to a claim to resolve the dispute privately, without involvement of a court of law. The Federal Arbitration Act (FAA) strongly favors arbitration and allows courts to stay the proceedings of any claims subject to valid and enforceable arbitration agreement and to compel the parties to binding arbitration.
05.26.2021Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the Appellate Division held that the trial court must first determine whether the subject Arbitration Agreement was binding on the former Vice President, and if so, whether his former employer was, in fact, the assignee of the agreement.
08.18.2020Don’t Fear The Click-Box: NJ Supreme Court Upholds Electronic Employee Arbitration AgreementsOn August 18, 2020, in a landmark decision for employers, the New Jersey Supreme Court released its long-awaited opinion in Skuse v. Pfizer (A-86-18) (082509), holding that an employee must arbitrate her employment discrimination claims agreed to in an electronic employee arbitration agreement. The decision reverses the Appellate Division’s January 2019 decision, which had imposed heightened requirements on employers obtaining employees’ assent to arbitration agreements.
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