Blog Post
By Ruth A. Rauls and Erik P. Pramschufer

In a matter of first impression, the New Jersey Appellate Division issued a decision invalidating a recently enacted provision of the New Jersey Law Against Discrimination (“LAD”) which prohibited arbitration of LAD claims. The Appellate Division determined this provision of LAD was preempted by the Federal Arbitration Act (“FAA”) because the state and federal laws conflicted. The Appellate Division left other provisions of the amendment intact.

Blog Post
By Garrett P. Buttrey and Jason Tremblay

The trickle-down effects of the Supreme Court’s endorsement of employee arbitration agreements in 2018 continue to inform judicial opinions across the country, most recently being used to invalidate a New Jersey prohibition of prospective jury trial waivers in workplace discrimination cases.