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ARTICLE · 22 MAY 2024

Let's Update You On Some Recent NJ Employment Law Developments

The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State...

United StatesEmployment and HR

The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State, I'll bring you up to speed on that, plus some new pending legislation.

(For the rest of you, have a nice weekend, and maybe add some pork roll or Taylor Ham to your breakfast sandwich.)

Nondisparagement provisions in settlement agreements.

On May 7, the Supreme Court explored whether an employer can enforce a nondisparagement provision in a settlement agreement that precludes a plaintiff from discussing their underlying claims under New Jersey's Law Against Discrimination.

It can't.

The LAD provides in part that "[a] provision in any employment contract or settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment shall be deemed against public policy and unenforceable against a current or former employee." The

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