The Employer Handbook Blog
Remember when we used to hang out on Friday afternoons on Zoom and talk about employment law? It wasn’t as dorky as it sounds.
Articles Posted in Employment Agreements
Yes, it’s still ok in NJ to have a non-disparagement provision when settling discrimination claims.
Back in March 2019, the State of New Jersey passed a law that makes any non-disclosure provisions in an employment contract or settlement agreement that have the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment unenforceable against a current or former employee who is a party to the contract or settlement. I wrote about it here. Continue reading
This one goes out to all you New Jersey arbitration nerds.
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn.
(The rest of you can bug out and play Wordle.) Continue reading
Can a company require new employees not to bash it on Glassdoor? Is that legal?
Glassdoor [Public domain], via Wikimedia Commons
A new bill in Congress will end forced arbitration of employment claims. But, will it pass?
Image Credit: Photofunia.com
In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.”
I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all about. Continue reading
The Supreme Court just buried class-action arbitration of employment claims*
Image Credit: Photofunia.com (http://photofunia.com/results/5cc10d55846d7897318b4581)
In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration agreement is silent on the availability of such arbitration.
Last year, in Epic Systems Corp. v. Lewis, the Supreme Court issued another employer-friendly decision on arbitration when it concluded that the National Labor Relations Act does not usurp an agreement between a company and its worker to arbitrate employment-related claims on an individual, non-class basis.
Yesterday, the Supreme Court finished walking dry the mudhole that it had stomped on employee class-actions in arbitration, right before delivering stunners to everyone. Continue reading
What HR needs to know about blockchain. Or, put another way, HR needs to know about blockchain.
Image Credit: Pixabay.com (https://pixabay.com/en/blockchain-block-chain-technology-3019120/)
You’ve heard of the blockchain, right?
But, if I asked you to explain it to me, half you would say, “Yeah, dude. Bitcoin.” The other half, well, I’m thinking I’d get something like this…
Don’t worry.
In this post, I’m going to turn you into a blockchain expert. Or, at least expert enough to hold a blockchain conversation during a 30-second elevator ride.
Heck, I’ll even share some HR applications to make you the envy of all your friends at the next local SHRM Chapter meeting. Continue reading
My 2 cents on President-Elect Trump’s impact on HR-compliance in 2017. (Literally, worth 2 cents)
I’ll open this post with a haiku. Because, I feel like we could all use a haiku.
President-Elect
For HR, what will he do?
Not a stinkin’ clue!
Do you force employees to arbitrate class-action claims? Then, you should read this…
As I think about all of the agreements with arbitration provisions that I’ve drafted for clients over the years.
***wipes brow, tugs collar, clutches pearls***
Can a NJ company legally shorten the statute of limitations on employment claims?
Let’s assume that you operate a business in New Jersey. And you get to thinking:
“What if we put a provision in our employment application, by which a job applicant waives the two-year statute of limitations applicable to most workplace claims and shortens the period for such claims to six months?”
Would that be enforceable?