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.
02.24.2023NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-HairsOn February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This far-reaching decision calls into question the enforceability of standard severance and employment agreement provisions entered into with statutory employees going forward.
06.16.2022It’s Settled . . . Or Is It? NJ Appellate Division Rules The NJLAD Does Not Prohibit Non-Disparagement Clauses in Settlement Agreements On May 31, 2022, in Savage v. Township of Neptune, the New Jersey Appellate Division partially upheld, and partially overturned, a trial court’s enforcement of a private settlement agreement, holding that although the settlement agreement’s non-disparagement clause was enforceable and not violative of the statutory prohibition against enforcing non-disclosure provisions in harassment/discrimination/retaliation cases, the employee’s allegedly disparaging statements did not actually violate the non-disparagement clause as written.
05.31.2022Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability LawsuitOn May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.
03.27.2020 New Jersey Division on Civil Rights (DCR) Releases COVID-19 FAQ'sOn March 19, 2020, the New Jersey Division on Civil Rights (DCR) released a Guidance addressing frequently asked questions regarding the novel coronavirus (COVID-19). Specifically, the DCR addresses protections and obligations under the New Jersey Law Against Discrimination (NJLAD).
01.02.2020Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee and affirmed the trial court’s decision dismissing the employee’s claims under the Conscientious Employee Protection Act (CEPA) finding that he was properly terminated for mistreating his coworkers. Thus, he could not establish a claim for retaliation, as there was no link between his termination and his reporting of an alleged casino scam.