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).
The Supreme Court recently countered its recent wave of opinions favoring arbitration, unanimously holding that Section 1 of the FAA excludes from its coverage interstate truck drivers even if they are independent contractors and not employees.
On January 8, 2019, in a unanimous opinion written by Associate Justice Brett Kavanaugh, the Supreme Court ruled that where parties have agreed to delegate issues of arbitrability to an arbitrator, a court may not override that agreement.