Bradley J. Bartolomeo Publishes Article on Arbitration for NJSBA Labor & Employment Quarterly

Newark, N.J.  (May 17, 2019) – Newark/New York Partner Bradley J. Bartolomeo has published an article for the New Jersey State Bar Association’s Labor & Employment Law Quarterly, May 2019 edition. His article, “Ex-Skuse Me… I Acknowledged, But Did Not Agree, to Arbitrate My Claims” reviews two recent contradictory New Jersey court decisions and what they mean for the standard of clear and unmistakable assent needed to compel arbitration of employment claims. 

Mr. Bartolomeo first discusses a New Jersey District Court unpublished decision, in which the court determined that employees had consented to arbitration after receiving notice by email and clicking a link, but failing to opt-out before the deadline provided. He then delves into the holding in a decision by the New Jersey Appellate Division, which found that a company’s mandatory arbitration agreement, sent by email with a similar opt-out mechanism, was not enforceable. For each case, Mr. Bartolomeo provides concise summaries of the fact patterns and a detailed review of the courts’ analyses. 

Mr. Bartolomeo concludes that until this disagreement among the New Jersey courts is properly settled, employees should err on the side of caution, following the stricter standard set forth by the New Jersey Appellate Division: “Those employers who prefer arbitration because it provides a more confidential, cost-effective and quick process of resolving employment disputes are well advised to proceed on the assumption that shortcuts to achieve that goal may backfire.”

You can read the full article here, beginning on page 18. 

This article originally appeared in the New Jersey Labor and Employment Law Quarterly, Vol. 40, No. 3 – May 2019.

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