Appellate Division Does Not "Waiver" - Recent Decision Provides Guidance on the Enforceability of Jury-Waiver Agreements in NJ

Employment Law Monthly - March 2017

By David L. Disler

Jury trials are both expensive and unpredictable. To avoid the unnecessary exposure and expense that result from such trials, many employers require their employees to sign agreements that include a waiver of their right to a jury trial (instead, requiring the dispute be decided by a judge or arbitrator). In response, courts have struck down such provisions when they are overly broad or lack specificity. A recent Appellate Division decision, Noren v. Heartland Payment Sys., Inc., No. A-2651-13T3 (N.J. Super. Ct. App. Div., Feb. 6, 2017) (available here), provides further guidance on the enforceability of jury-waiver provisions. 

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