News & Analysis as of

Employment Contract NJ Supreme Court

Morgan Lewis

New Jersey Supreme Court Decision Requires Review of Non-Disparagement Agreements

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On May 7, 2024, the New Jersey Supreme Court ruled that non-disparagement provisions precluding discussion of discrimination, retaliation, or harassment claims are unenforceable. We delve into the Court’s reasoning, as well...more

Saul Ewing LLP

Three Takeaways from the New Jersey Supreme Court’s Decision Invalidating Certain Non-Disparagement Provisions

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As most New Jersey employers are already aware, since 2019, the State’s Law Against Discrimination (LAD) prohibits employers from enforcing contract provisions that have the effect of preventing an employee or former employee...more

Goldberg Segalla

New Jersey Supreme Court Holds that Broad Non-Disparagement Clauses No Longer Permitted

Goldberg Segalla on

Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers....more

Cole Schotz

Key Ruling on Real Estate Broker Classification Announced by New Jersey Supreme Court

Cole Schotz on

The New Jersey Supreme Court recently held that an agreement between a real estate salesperson (i.e., a realtor) and a real estate broker designating the salesperson as an independent contractor is dispositive in determining...more

Carlton Fields

New Jersey Supreme Court Reinstates Arbitrator’s Decision Demoting School Official

Carlton Fields on

Under New Jersey’s Tenure Employees Hearing Law, when a school district files tenure charges against an employee, the state commissioner of education must refer the case to arbitration if he or she determines that the charges...more

Saul Ewing LLP

New Jersey Supreme Court Hands Victory to Employers Seeking to Utilize Arbitration

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Mandatory arbitration provisions are common features of employment agreements, particularly for large employers. At the same time employers have consistently become more and more reliant on technology and electronic...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we...more

Seyfarth Shaw LLP

So You Agree? – NJ Supreme Court Finds Assent To Arbitration Agreement By Employee’s Continued Employment

Seyfarth Shaw LLP on

Seyfarth Synopsis:  In Skuse v. Pfizer, Inc., the New Jersey Supreme Court held that an employee’s continued employment can be deemed to be assent to the terms of an employer’s arbitration agreement. ...more

Carlton Fields

NJ Supreme Court Finds State Arbitration Law Applies to FAA-Exempt Workers

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The New Jersey Supreme Court issued a combined opinion in two cases arising from arbitration agreements in employment contracts. The plaintiffs in the respective cases claimed they fell within section 1 of the Federal...more

Morgan Lewis

New Jersey Rejects Contractual Shortening of Limitations Period

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The New Jersey Supreme Court’s decision forbids employers from contractually shortening the two-year limitations period under the state’s Law Against Discrimination. In a decision issued on June 15 that reversed two...more

Genova Burns LLC

Please, Take Your Time: NJ Supreme Court Voids Contracts That Limit Workers’ Time to Sue

Genova Burns LLC on

On June 15, 2016, the New Jersey Supreme Court issued its long-awaited decision in Sergio Rodriguez v. Raymours Furniture Company, Inc., in which it addressed whether the two-year statute of limitations under the New Jersey...more

Epstein Becker & Green

New Jersey Arbitration Agreements Should Explicitly Waive the Right to Bring Claims in Court

Epstein Becker & Green on

On October 26, 2015, in the case Barr v. Bishop Rosen & Co., the New Jersey Appellate Division issued its first published decision applying the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group LP to...more

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