Every now and then a case with national implications pops up right here in my own backyard (New Jersey). No, we are not talking about a case affecting immigration policy, gun control or the midterm elections. Instead, we are talking about the less glitzy subject of arbitration agreements.
Employers are still permitted to implement safety incentive programs and require post-incident drug testing, provided that the actions are taken to promote workplace safety and health and not to penalize employees for reporting work-related injuries or illnesses.
The waiver of consequential damages clause in a contract, be it for construction or professional services, is a risk-shifting provision that has value to both parties to the contract and it should be negotiated.