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December 17, 2014

NJ Supreme Court to Rule on SOL Waiver

Joseph O'Keefe
Proskauer - Law and the Workplace
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Law_Workplace_Flag_New_JerseyLast week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse employment action, notwithstanding a longer statute of limitations (in this case, the 2-year SOL under the NJ Law Against Discrimination).  As detailed in our prior client alert, the Appellant Division recently answered this question in the affirmative and, in so doing, rendered its first published opinion on the issue of contractually reducing state statutes of limitations in the employment context.  The case—Rodriguez v. Raymours Furniture Co., Inc.—is sure to receive attention in the coming months.  Stay tuned.
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