In the News

Sills Lawyer: Supreme Court Ruling in Employer-Employee Litigation Is ‘Major Victory’ for Local Businesses


May 23, 2018

As published in this ROI-NJ article:

"A U.S. Supreme Court decision this week dealing with employee-employer litigation has some clear winners and losers in the eyes of New Jersey legal experts.

"The Supreme Court on Monday decided in a 5-4 majority — led by newly appointed Justice Neil Gorsuch — that one long-existing federal labor act trumped another and, as a result, employees who sign employment agreements to arbitrate legal claims have to do it individually.

"It was a 'major victory' for local businesses, according to David I. Rosen, who represents management at businesses in legal matters as chair of the employment and labor practice group at Sills Cummis & Gross P.C.

"'What it means practically for employers in New Jersey and elsewhere is that arbitration agreements that they enter into with employees can effectively waive the employee’s rights to bring class action suits against employers and can require them to arbitrate individual (legal) claims instead of group claims,' he said. 'You’re going to see more employers asking judges to bar class actions if employees ignore the agreements and simply start their lawsuits.'

"The upshot requires a less lengthy explanation.

“'I expect this to save businesses from litigation expenses and adverse publicity,' Rosen said."