Blog Post
03/30/2021
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.

Blog Post
09/24/2020
By Ruth A. Rauls and Erik P. Pramschufer

Mandatory arbitration provisions are common features of employment agreements, particularly for large employers. At the same time employers have consistently become more and more reliant on technology and electronic management and training tools for communicating policies to employees. These two initiatives clashed in the case Skuse v. Pfizer, Inc., where the New Jersey Appellate Division initially refused to uphold Pfizer’s arbitration agreement that was e-mailed to employees and contained within an electronic training module. On August 18, 2020, the New Jersey Supreme Court issued the final word, finding that an employee was bound by the arbitration provision by electronically clicking on an “acknowledgment” that she would be bound by the agreement if she continued working.