New Jersey Bill Seeks to Codify Two-Year Statute of Limitations and to Prohibit Waivers of Employee Rights Under the NJLAD
Author: Michael J. Riccobono (Morristown)
Published Date: November 9, 2017
On May 19, 2017, a bill to codify the statute of limitations for claims filed pursuant to the New Jersey Law Against Discrimination (NJLAD) and prohibit certain waiver provisions in employment contracts, advanced in the New Jersey Legislature. If passed, Assembly Bill 4173 would amend the NJLAD as follows:
It would codify existing case law which holds that the statute of limitations for all actions under the NJLAD is two years.
It would prohibit an employer from requiring an employee or prospective employee to waive rights granted under the NJLAD to compensatory damages, punitive damages, attorney fees, or statute of limitations as a condition of hiring, continued employment, or compensation or as a term, condition, or privilege of employment.
It would bar an employer from requesting an employee or prospective employee to waive any claims prior to the existence of an actual dispute.
It would prohibit an employer from harassing, discharging, expelling, or otherwise discriminating against any employee because that person has opposed any practices forbidden under the bill or because that person has filed a complaint, testified, or assisted in any proceeding under the bill.
Assembly Bill 4173 must still pass the full New Jersey General Assembly and be considered by the New Jersey Senate before Governor Chris Christie can receive it for his consideration.
Michael J. Riccobono is an employment litigator who regularly defends employers against single- and multi-plaintiff discrimination, harassment, whistleblower, retaliation, and non-competition/non-solicitation matters before both state and federal courts and government agencies. He has represented employers of all sizes and from a number of different industries, ranging from international Fortune 500 corporations to closely-held and family businesses, in the financial, pharmaceutical,...