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NJ appellate court affirms: FAA preempts NJLAD prohibition on arbitration agreements

In 2019, New Jersey amended its Law Against Discrimination (NJLAD) to include a provision purporting to ban agreements requiring employees to arbitrate claims arising under the NJLAD (Amendment). On February 15, 2022, a New...more

Pre-dispute employment arbitration agreements are enforceable in New Jersey, according to a recent ruling

On March 18, 2019, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to include a provision that rendered unenforceable any “provision in an employment contract that waives any substantive or procedural...more

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Acknowledgment Does Not Equal Agreement Says New Jersey Appellate Division

Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more

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