News & Analysis as of

NJ Supreme Court Non-Disparagement Provisions Employment Discrimination

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

Foley & Lardner LLP on

Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

Seward & Kissel LLP on

May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Flaster Greenberg PC

ARE YOU TALKING TO ME? New Jersey imposes further limits on non-disparagement clauses.

Flaster Greenberg PC on

The Supreme Court of New Jersey has just made it even harder for employers to prevent harmful comments from employees and former employees. Specifically, non-disparagement clauses have been the primary tool employers use to...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Epstein Becker & Green

Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®

Epstein Becker & Green on

This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial...more

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

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more

Lowenstein Sandler LLP

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against...

Lowenstein Sandler LLP on

On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in...more

Fox Rothschild LLP

Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

Fox Rothschild LLP on

In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,...more

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