Tuesday, April 6, 2021
To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is preempted by the Federal Arbitration Act (FAA), a New Jersey federal court has ruled in an unpublished opinion.
The NJLAD amendment in Section 12.7, passed in March 2019, sought to make unenforceable any provision in an employment contract that waived any substantive or procedural right relating to discrimination, retaliation, or harassment claims. The court reasoned that, in violation of Section 2 of the FAA, Section 12.7 effectively disfavors agreements to arbitrate certain types of claims.
Just how democratic is New Jersey?
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New Jersey District Court Declares NJLAD s Ban on Employment Arbitration Agreements Preempted by FAA
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TRENTON A Senate committee advanced a bill that would make it easier for people to take their insurance companies to court after crashes with an uninsured or underinsured driver, despite warnings that it could lead to higher car insurance premiums in New Jersey.
The Senate Commerce Committee advanced the legislation, S1559, after changing it to remove provisions that would have entitled successful claimants to pre-judgment interest, attorney’s fees and litigation expenses. They would be entitled to actual damages awarded by a jury.
“It’s even more narrowly tailored than it was before, so it really is just a matter of fundamental fairness,” said Sen. Nicholas Scutari, D-Union.