“FAA Trumps NJLAD: NJ Superior Court Upholds Employer’s Arbitration Agreement in NJLAD Case”

As have other states, New Jersey recently enacted legislation purporting to protect employees’ rights to pursue claims in court rather than arbitration. This article, by Erica Clifford of Genova Burns, available at JD Supra, addresses the lower court decision in Janco v. Bay Ridge Automotive Management Corp., holding that New Jersey’s amendment to its Law Against Discrimination, purporting to prohibit a waiver of the statute’s rights and remedies, including its right to a jury trial, is pre-empted by the Federal Arbitration Act.

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