By Bruce Atkins | Published August 30, 2022 | Posted in Employment Law | Tagged Tags: arbitration, Wage discrepancy | Comments Off on U.S. High Court Rules Arbitration Clause Waived by Employer’s Delay in Opting to Enforce It
Arbitration provisions in employment agreements require employees to have their disputes decided by private judges, usually of the employer’s own choosing, rather than go to court. Employers generally benefit from these clauses. But the U.S. Supreme Court has now ruled that an employer might waive its right to compel arbitration by not making a timely Read More
Read MoreA recent decision by a New Jersey appeals court upholds the enforceability of contract provisions that forbid employers or employees from disparaging or impugning each other’s reputation. The ruling is notable because the court distinguished non-disparagement clauses from nondisclosure agreements (NDAs), which in many cases are unenforceable against employees or former employees under NJ law. Read More
Read MoreSexual harassment is a form of illegal discrimination that exists in public and private workplaces throughout the country. There are several different types and degrees of sexual harassment. Some employees use their authority, control or influence to coerce employees under them into accepting or tolerating sexual advances. However, harassment can also be peer-to-peer. One employee Read More
Read MoreIn New Jersey, an employee with a claim of discrimination has two options on how and where to pursue it. They can bring the matter to a state administrative body called the Division on Civil Rights (DCR) or they can go straight to court. Each option has advantages and disadvantages to be considered before proceeding. Read More
Read MoreUnfortunately, many people are victims of highly inappropriate behavior or violence that is sexual in nature, whether in or out of the workplace. In modern parlance, the terms “sexual harassment” and “sexual assault” are sometimes used interchangeably. But from a legal perspective, they are very different. Sexual harassment is a civil offense that gives the Read More
Read MoreThe workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read MoreThe legal and personal issues that go along with being a victim of domestic violence can be overwhelming. As a result, many victims find that their work lives suffer while they are recovering from the trauma of domestic violence. To address this issue, New Jersey lawmakers passed the Security and Financial Empowerment (SAFE) Act to Read More
Read MoreRecent protests by fast-food workers throughout the nation have led to a renewed discussion of the minimum wage and what constitutes an honest day’s pay for an honest day’s work. While the federal minimum wage remains $7.25 per hour, individual states are free to impose higher minimum wage requirements. New Jersey is among the states Read More
Read MoreWhile the Affordable Care Act (ACA) has been in the news for a number of reasons lately, one story that largely fell by the wayside involved a Pennsylvania cabinet company that took issue with the ACA’s requirement that health plans provide coverage for certain types of oral contraceptives. A federal appellate decision in the case Read More
Read MoreMany people come to us eager for their day in court against an employer who treated them unjustly or refused to address on-the-job harassment. They are surprised, however, when we tell them that they first must file an administrative complaint with the Equal Employment Opportunity Commission (EEOC). The federal laws that prohibit employment discrimination make Read More
Read More