Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against public policy, including pre-dispute mandatory arbitration agreements. In addition, non-disclosure provisions in settlement agreements involving these claims would be unenforceable against employees.
On January 31, 2019, the New Jersey Legislature passed Senate Bill 121, which would prohibit employers from enforcing, among other things, mandatory pre-dispute arbitration and non-disclosure provisions in settlement agreements for claims of discrimination, retaliation, and harassment. The bill seemingly does not affect existing waivers or non-disclosure agreements (“NDAs”). Governor Phil Murphy has not commented publicly as to whether he will sign the bill into law. If signed, the breadth of this law would surpass any similar law in the country.
Continue Reading Pre-Dispute Arbitration Agreements and Non-Disclosure Provisions on the Chopping Block in New Jersey