On the basis of these legislative changes, employers should be assured of reviewing employment contracts, employee manuals, arbitration agreements and all transaction or severance agreements to ensure that they comply with the new law. The law also states that any transaction agreement to resolve a claim of discrimination, retaliation or harassment of a worker against an employer contains a “large and important note indicating that, although the parties have agreed to keep the transaction and the underlying facts confidential, such a provision is not applicable to the employer in an agreement if the worker publicly discloses sufficient details of the claim for the employer to be reasonably identifiable.” The New Jersey Confidentiality Agreement is a document that employers often have to sign with their new employees to protect the company`s business secrets. A trade secret can be defined as intellectual property whose economic value can be inferred if the information is not made available to the general public. The following model uses the term “confidential information,” which can mean countless things (trade secret is one of them), not limited to the examples listed in the document. The agreement between an employer and a worker would be defined as one-sided and only one party, in this case the worker, would be prohibited from disclosing the information. A reciprocal agreement would be used in the event that the secrecy of the information is estimated by more than one party and two or more parties are held incommunicado. This language may give rise to disputes over the effectiveness of the jury waiver and agreement provisions in order to resolve ADA claims against an employer when the amendment comes into effect or after the amendment comes into effect. While the impact of the amendment on arbitration will not be clear, the legal challenge is expected, as the amendment appears to be contrary to the federal arbitration law, the state law that prohibits the use of arbitration agreements. See AT-T Mobility LLC v. Concepcion, 563 U.S.
333, 341 (2011) (“If state law prohibits arbitration of a particular type of claim, the analysis is simple: the adversarial rule is superseded by the FAA”). Yes, the Supreme Court has largely applied the federal arbitration law and says it shows that Congress intends to enforce labour arbitration procedures in general. (There are exceptions for some workers in the transportation industry.) A court could find that New Jersey`s law – to the extent that it could be interpreted to prohibit arbitration agreements – is itself unstable in light of the FAA. We expect that lawsuits against this part of the New Jersey law will be challenged on FAA grounds. New Jersey law states that NDAs are not applicable with “thought data regarding an allegation of discrimination, retaliation or harassment,” contrary to public policy. The law goes beyond the laws of other states because it is not limited to sexual harassment, assault or accusations of discrimination, but prohibits NOAs from complaints of discrimination, retaliation or harassment.