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Total Articles: 3

New Jersey Court Strikes Down 'Ambiguous' Jury-Waiver Agreement

New Jersey employers wishing to have employees sign jury-waiver agreements should take note of a recent Appellate Division decision, Noren v. Heartland Payment Systems, Inc., which reaffirms that a jury-waiver provision (like an arbitration provision) must include clear, unambiguous, and sufficiently broad language to encompass all employment-related claims.

Court Rejects Enhancement to Damage Award to Offset Adverse Tax Consequences.

Adding to the divide among New Jersey courts, the Appellate Division held that a trial court should not have increased a $100,000 award for emotional distress damages by approximately $70,000 to offset the adverse tax consequences the plaintiff would incur as a result of the lump sum award in a denial of free speech case.

Punitive Damages Not Appropriate in Negligent Hiring/Retention Case Where Employer Had No Reason to Believe Employee Was a Danger to Customers.

In this case, the Court affirmed a jury’s decision not to award punitive damages against the employer, where the employee attacked a patron with a 10-inch knife following an argument, after which his co-workers retrieved and tried to dispose of the knife. Plaintiff, the victim of the attack, claimed the employer should be punished for ignoring the employee’s “FEAR ME” tattoo, which violated company policy; for refusing to make him remove it promptly; and for hiring him without references and without obtaining a social security number.

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)