On October 17, 2018, New Jersey’s Appellate Division, in a published decision, refused to enforce an arbitration clause in an employment agreement where the clause did not select a forum for arbitration thereunder or describe a process for selecting such a forum. In Flanzman v. Jenny Craig, Inc. et al., the plaintiff, after being
Rachel Mongiello
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Employers May Not Contractually Limit Substantive Rights and Remedies under New Jersey’s Law Against Discrimination
By Rachel Mongiello on
On August 23, 2018, New Jersey’s intermediate appellate court in Roman v. Bergen Logistics, LLC et al., ruled that employers could not contractually limit the remedies available for successful employment discrimination claims. In that case, the plaintiff-employee and defendant-employer had signed an arbitration agreement at the time of the employee’s hiring. The agreement provided…
Forum Selection Clause Bars NJ Wage Payment Law Claim in NJ Court
By Rachel Mongiello on
Posted in Employment Policies and Practices, Wage and Hour
On October 19, 2017, the Court of Appeals for the Third Circuit ruled that New Jersey based Mary Kay consultants could not bring a claim in New Jersey federal court against Mary Kay for alleged violations of the New Jersey Wage Payment Law (“NJWPL”). The court relied upon the broad forum-selection clause in the consulting…
Employer-Compliance Obligations and Enjoined DOL Regulations
By Rachel Mongiello on
Posted in Wage and Hour
As previously discussed on this blog in a post dated November 23, 2016, the United States Department of Labor (“DOL”), in May of 2016, issued a final rule (“Final Rule”) revising its regulations construing the so-called white-collar overtime exemptions of the Fair Labor Standards Act (“FLSA”). In essence, the Final Rule increased the minimum salary…