This article provides a brief overview of the significant employment cases decided this Supreme Court term and provides a preview of the issues on the Court’s 2019-2020 docket.
Oregon's new law prohibits employers from entering into agreements containing nondisclosure terms, requires employers to adopt specific written policies, and enlarges the period for filing discrimination claims.
Under a new Nevada law, effective July 1, 2019, employers that settle certain allegations involving sex discrimination or sexual offenses will not be able to bar the claimant from talking about the existence of the settlement, or the underlying facts.
The Puerto Rico Supreme Court recently issued a judgment in José Méndez et al v. Carso Construction, validating an arbitration clause that covers a claim under the Puerto Rico Unjust Dismissal statute.
On April 24, 2019, the U.S. Supreme Court held that even if an arbitration agreement is ambiguous as to whether classwide arbitration is permitted, that is insufficient to find that the parties consented to class arbitration.
In legislative terms, the month of March came in like a lion and went out (almost) like a lamb, as the pace of new bills introduced at the state level slowed considerably.
As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure agreements (NDAs).