On Thursday, March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”), following the earlier passage of the Act by both the United States Senate and the House of Representatives.  The Act, co-sponsored by bipartisan coalition of senators and representatives, including Senators

In a decision rendered March 25, 2021, United States District Court Judge Anne E. Thompson barred the State of New Jersey from enforcing a recently enacted statutory provision that precluded employers from requiring workers to arbitrate discrimination and harassment claims.  The Court held that the Federal Arbitration Act (the “FAA”) preempts N.J. ST § 10:5-12.7

New York CPLR Section 7515, passed in 2018, prohibits mandatory arbitration of “any allegation or claim of discrimination.”  Last week, Chief Judge Colleen McMahon of the United States District Court for the Southern District of New York became the second federal judge to conclude that this state ban on arbitration of discrimination claims contravenes the

On March 18, 2019, Governor Phil Murphy signed Senate Bill 121 into law.  The new law prohibits the use of arbitration clauses and jury waivers that relate to claims of discrimination, retaliation, and harassment in employment contracts.  Additionally, the law prohibits employers from enforcing nondisclosure provisions that relate to any claims of discrimination, retaliation, or

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