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Latest Articles

New Jersey Governor Signs Bill Impacting Non-Disclosure Agreements in Harassment Settlements and Arbitration Provisions Over a year after its initial introduction, and after enough time to draw speculation (and perhaps some dust) on Governor Murphy’s desk, the Governor has signed Bill S121 into law.  The primary function of the law, which passed the Senate in June of 2018 with a near-unanimous 34-1 vote, is to prohibit and render unenforceable non-disclosure agreements in employment contracts or settlement agreements that conceal details of discrimination, retaliation or harassment claims. Such clauses will now “be deemed against public policy and unenforceable.”  The law will…
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. It is the employer’s obligation to designate leave as FMLA-qualifying. The employer must provide notice to the employee within five business days after the employer has information to determine that the leave is being taken for a FMLA-qualifying reason.  The FMLA also permits employers to adopt policies more generous than the FMLA. However, an employer may not designate more than 12 weeks of leave as FMLA-protected. Employers may require,…
While courts remain split on the scope and function of an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA), 2019 began with a well-reasoned decision limiting the scope of an ATDS and another dismissing a plaintiff’s TCPA claim based on his failure to adequately plead the defendant’s use of an ATDS in the subject communications.  I.             Thompson-Harbach v. USAA Federal Savings Bank, 2019 WL 148711 (N.D. Iowa Jan. 1, 2019):  In Thompson, the plaintiff alleged that the defendant violated the TCPA by placing at least 71 “collection calls to Plaintiff” after he requested that…
NYDFS Departing Superintendent Gives Parting Gift: Whistleblowing Policy Guidelines On January 7, 2019, the Superintendent of New York’s Department of Financial Services (NYDFS), Maria Vullo, who has since been replaced by Governor Cuomo, gave a parting gift to all companies that are regulated by the DFS: Guidance on whistleblowing programs that must be part of the “comprehensive compliance program” for all DFS-regulated financial service companies. (See Whistleblower Guidance).  NYDFS regulates, supervises and if necessary brings enforcement actions against a wide variety of financial services companies that do business in New York, including depository and non- depository lenders, fintech companies,…