Any claim or controversy arising from the applicant`s employment, termination or otherwise between [the plaintiff] and [the defendant] is settled by final and binding arbitration instead of a juror`s proceeding or other civil proceeding. This conciliation agreement covers all claims, whether the result of an unlawful act or a contract, and whether they arise from the law or common law, including, but not only, any claim for breach, discrimination or harassment of any kind. Atalese and Flanzman seem to be departing from « avowed public policy that favours the use of arbitration as an alternative forum. » Fawzy v. Fawzy, 199 N.J. 456, 468 (2009). Atalese Court attempted to address these public policy concerns by noting that arbitration agreements must not contain « magic words » to maintain. Similarly, the Flanzman court stated: « We do not want to imply that there must be certain `talismanic words` in the agreement on rights that replace the right to a judicial decision, » « but to understand the consequences of a jury waiver, the parties generally have to talk in some way about the rights that replace the rights that have been removed. » Flanzman, __ N.J. Super. (outbreak op. to 6). Seyfarth Synopsis: In Flanzman v.
Jenny Craig, Inc., the New Jersey Supreme Court struck down the appeal division and found that an arbitration agreement can engage the parties, even if the agreement does not designate an arbitrator, arbitration organization or proceeding for such a designation. In situations where there is no such designation, the standard rules found in the Federal Arbitration Act and the New Jersey Arbitration Act apply to fill the gaps in the agreement. The good news for employers in these 35 states? Neither the AUA nor the RUAA has an exception for transport workers. For transportation employers in most of these countries, arbitration provisions that would otherwise not be applicable because of the FAA waiver would be applicable under state arbitration law – if, of course, they followed Arafa`s argument. It is important to note, however, that the legal acts of some states contain other exceptions that may affect whether an arbitral decision is applicable under national law. The New Jersey Supreme Court provided employers with a roadmap to effectively link New Jersey employees to binding arbitration agreements. An employer may send mandatory arbitration agreements to workers by e-mail stating that workers are considered to be agreed upon if they remain active after entry into force and as long as the employer`s communications adequately present the content and importance of the agreement and the employer can prove that the workers did receive it, it seems likely that the agreement will be deemed applicable to the same extent. , as if the staff members had hand-signed copies of the agreement.
Of course, an employer can carefully consider not only the content and presentation of the agreement and related communications, but also how the employer received the workers.