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.
Indiana Court of Appeals Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case
The Indiana Court of Appeals recently issued a restrictive covenant ruling addressing several significant issues.
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Any business operating a website for use by customers or other members of the public should take heed of a recent California decision that found a retailer liable for violations of federal and state disability access laws based on a disabled individual’s inability to navigate a website using a screen reader program.