News & Updates

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    By Stephen E. Trimboli In Nino v. The Jewelry Exchange, Inc., et al., the Third Circuit refused to enforce an arbitration agreement between an employer and an individual employee, finding the agreement to be both procedurally and substantively unconscionable. “Procedural unconscionability” looks to “the process by which an agreement is reached and the form of {the} agreement, including the use therein of fine print and convoluted or unclear language.” A contract is substantively unconscionable when the contract contains “terms unreasonably…

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    By Jim Prusinowski The New Jersey Supreme Court recently issued a decision regarding the right to privacy that an employee has in information maintained on an employer’s computer. Stengart v. Loving Care, 201 N.J. 300 (2010). In that decision, the Court articulated standards that New Jersey employers must maintain and guidelines for policies that need to be adhered to if the employer is going to seek to acquire an employee’s personal information from a company maintained computer. These requirements included…

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