United States Supreme Court Rules in Favor of Employers Regarding Class Action Arbitration
Striking a major blow to employees, in a 5-4 ruling (along party lines which shows the importance of Trump appointee Gorsuch), the United States Supreme Court has ruled that employers can require employees to waive their right to class action lawsuits and may instead force employees to arbitrate their claims individually. This is particularly important […]
NJ Raises the Bar For Enforcement of Arbitration Provisions
Arbitration provisions are routinely enforced by courts, however, a recent ruling by the US District Court of New Jersey just made enforcement a little harder. In Schmell v. Morgan Stanley & Co. Inc., No. CV 17-13080, 2018 WL 1128502 (D.N.J. Mar. 1, 2018) a former employee alleged he was not bound by Morgan Stanley’s mandatory […]
Proposed New Jersey Bill Would Prohibit Use of Mandatory Arbitration Agreements
Mandatory arbitration agreements in New Jersey have regularly been upheld as enforceable by the courts, including by the Supreme Court of New Jersey. As a result, many employers require employees to sign such agreements as a condition of employment. These agreements generally require employees to waive their rights to bring claims of harassment, discrimination, retaliation, […]
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