In Morando v. Netwrix Corp., the employer moved to compel arbitration of an employee’s NJLAD and FLSA claims pursuant to an arbitration agreement the plaintiff signed when he began working. Civ. No. 25-7-6183 (D.N.J. April 24, 2012). The court held that the arbitration agreement was not unconscionable even though it contained provisions allowing the arbitrator to award reasonable attorneys’ fees and costs to the prevailing party (as opposed to just “the prevailing plaintiff”), and even though it also precluded the arbitrator from awarding punitive or exemplary damages of any kind.
As the United States gradually emerges from the pandemic, employers (and especially those in the tech sector whose workforces can easily work remotely) are looking for ways to help frazzled and burned-out employees. In addition, many employees are seeking opportunities to preserve the flexibility they gained during pandemic remote-work arrangements. Time off, company holidays, and workday flexibility are among the top remedies for these concerns. But outmoded state and federal labor laws may impede a new era of worker freedom.
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In June, we reported that in April 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected classes, from discrimination practiced by state contractors.