New Jersey employment laws at both the state and federal levels protect a wide range of workers’ rights. When federal and state laws seem to conflict with one another, federal law often supersedes state law, although, this is not always the case. The U.S. Supreme Court recently ruled on a…
Articles Posted in Employment Contracts
NLRB Bars Employers from Including Non-Disparagement Clauses in Severance Agreements
Workers have the right to organize themselves in order to bargain collectively with their employers and advocate for better working conditions. Federal and New Jersey employment laws protect these rights and prohibit employers from interfering with or retaliating against employees who are engaged in lawful activities. The National Labor Relations…
FTC Proposes Rule to Ban Noncompete Agreements in New Jersey and Nationwide
Employers often use provisions in employment agreements to limit employees’ activities after the employment relationship has ended. The purpose of these provisions is to protect employers’ business interests, but they can be harmful to employees. Non-compete agreements restrict employees’ job prospects by limiting their ability to work for a company…
Pending New Jersey Bill Would Limit Non-Compete Agreements in Employment
Employment agreements often contain clauses and terms intended to protect an employer’s business interests. When a contractual provision limits an employee’s actions, it is known as a restrictive covenant (RC). Sometimes, RCs create difficulties for employees. A common type of RC is the non-compete agreement, which bars an employee from…
New Jersey Senate Bill Would Expand Protections for Employees in Sexual Harassment Cases
Employers may include provisions in employment contracts or settlement agreements that limit employees’ ability to discuss issues like sexual harassment with others. When a settlement agreement contains this kind of provision, it may mean that the public cannot learn about the employee’s experience in the workplace. Other employees could be…
Supreme Court Ruling May Affect Mandatory Arbitration for Some New Jersey Workers
Arbitration can allow the parties to a dispute to avoid the time and expense of litigation. More and more businesses are including clauses in consumer and employment contracts that require the parties to go to arbitration before filing a lawsuit. In some situations, arbitration may tend to favor businesses over…
Supreme Court Rules on Dispute Over Mandatory Arbitration in Employment Law Claims
The parties to employment law disputes in New Jersey and around the country may agree to use alternative dispute resolution (ADR) instead of the traditional litigation process. Many employers favor one particular form of ADR known as arbitration. Employment contracts often include clauses stating that any dispute must go to…
Employees of Major Retailer Vote to Unionize, Which Could Influence New Jersey Workers
Labor unions have helped workers achieve significant improvements in pay and working conditions in New Jersey and across the county by enabling them to bargain collectively with their employers. Instead of each individual employee negotiating with their employer, employees can pool their resources and present a united front. Union membership…
New Federal Law Bans Mandatory Arbitration and Class-Action Waivers in New Jersey Sexual Harassment Cases
Courts in New Jersey and all over the country encourage parties involved in disputes to use alternative dispute resolution (ADR) procedures in order to keep dockets from getting excessively backlogged and free up court resources. Mandatory arbitration clauses are increasingly common in employment contracts. Many employees, as well as their…
Appellate Division Revisits Arbitration Agreements in Ruling on New Jersey National Origin Discrimination Lawsuit
Arbitration is a form of alternative dispute resolution (ADR) that resembles a trial in numerous ways, but unlike a trial, there is neither a judge nor a jury. A neutral arbitrator (or panel of arbitrators) with dispute resolution training makes the final decision about the case. Courts all over the…