• Posts by David S. Mordkoff
    Senior Counsel
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    David Mordkoff is an experienced litigator and trusted advisor who helps employers find creative yet practical solutions to their most challenging employment law problems.

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N.J. Supreme Court Bans Broad “Non-Disparagement” Provisions in Agreements Settling Employment Discrimination, Harassment, and Retaliation Claims
Categories: Employment Compliance, Financial Services, Hospitality, Retail, Technology
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In 2019, in response to the “#MeToo” movement, the New Jersey Legislature enacted a law that made any “non-disclosure provision” in an employment contract or settlement agreement unenforceable against the employee, if the provision had “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment.”  N.J.S.A. § 10:5-12.8(a) (the “Law”).  The Law left unanswered whether it applied to “non-disparagement” provisions that are common in agreements settling employment disputes. 

On May 7, 2024, the New Jersey ...

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