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
Glassdoor [Public domain], via Wikimedia Commons
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
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
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
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!
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***
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?
Want another reason not to enter into a long-term contract with an employee? Click through…
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