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Articles Posted in Arbitration

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SLOWLY BUT SURELY THE TIDE IS TURNING AGAINST FORCED ARBITRATION

If you are a frequent reader of this blog, you may know we have written several times in the past about the scourge of forced arbitration.  Forced arbitration prevents workers from being able to sue their employers in court for violating wage and hour, discrimination, whistleblower and other employment laws.…

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THIRD CIRCUIT SAYS UBER DRIVERS MAY BE EXEMPT FROM ARBITRATION AGREEMENTS IF THEY CAN SHOW THEY ARE ENGAGED IN INTERSTATE COMMERCE

Employment Arbitration Agreements typically force employees to resolve legal disputes with their employer through an opaque process controlled by a privately retained arbitrator, rather than publicly through our relatively transparent jury-based court system. These privately retained arbitrators often favor the large corporation employers who provide them repeat business as opposed…

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NEW JERSEY ENACTS NEW LAW OUTLAWING EMPLOYERS’ USE OF NON-DISCLOSURE AGREEMENTS TO SUPPRESS DISCLOSURE OF DISCRIMINATION CLAIMS AND SEVERELY CURTAIL THE USE OF FORCED ARBITRATION CLAUSES AND JURY WAIVER PROVISIONS

Clear evidence the seismic effects of the national #Me Too movement has reached the shores of New Jersey occurred when New Jersey Governor Phil Murphy recently signed into law S.121 which effectively stops employers from requiring employees to sign nondisclosure confidentiality agreements – commonly referred to as “NDAs” – when…

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NEW JERSEY APPELLATE DIVISION STRIKES DOWN ARBITRATION CLAUSE IN EMPLOYEE HANDBOOK

On January 17, 2016, in a published decision, the New Jersey Superior Court, Appellate Division, invalidated a mandatory arbitration clause found in an employee handbook. See Morgan v. Raymours Furniture Co., 443 N.J. Super. 338 (App. Div. 2016). This was a significant victory for employee rights across our State. Plaintiff…

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