It is in the interest of LABOR FINDERS and its employees and/or applicants to resolve disputes relating to employment matters quickly and fairly. Should such a dispute arise, you and LABOR FINDERS both agree that final and binding arbitration will be the exclusive remedy. This includes claims of discrimination or harassment in the workplace, all common-law and statutory claims, including, but not limited to, claims for breach of contract and for violation of laws prohibiting discrimination on the basis of race, color, religion, marital status, sexual orientation, medical condition, gender, age, national origin, and disability. Excluded from this agreement are claims for unemployment compensation, claims under the National Labor Relations Act or a union contract, claims for workers' compensation and any claim that is non-arbitral under applicable state or federal law.
Any dispute covered by this agreement will be arbitrated on an individual basis, and you waive your right to participate in, or receive money from, any class, collective, or representative proceeding. The arbitrator may not consolidate more than one individual's claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. Any arbitration ruling by an arbitrator consolidating the disputes of two or more employees or allowing class or collective action arbitration would be contrary to the intent of this agreement and would be subject to immediate judicial review.
Arbitration under this agreement will be before a single neutral arbitrator in the county where the dispute arose. The applicable employment arbitration rules of the Judicial Arbitration and Mediation Service (JAMS), the American Arbitration Association (AAA), or any other mediation/arbitration service which the parties agree on, will govern the proceeding. This agreement does not limit either party's substantive rights, for example, the applicable statutes of limitations will still apply, the same remedies will be available as if the claim was brought in court, and the parties will be entitled to reasonable and adequate discovery. The arbitrator's award will be in writing and cite reasons and evidence supporting the decision. LABOR FINDERS will pay all costs uniquely attributable to arbitration, including the administrative costs and fees of the arbitrator, and each party will pay their own costs and attorney fees, unless the arbitrator decides otherwise. If the applicable law affords the prevailing party attorney fees and costs, then the arbitrator shall apply the same standards a court would apply to award such fees and costs.
This agreement in no way alters the at-will employment relationship. Only a writing signed by both you and the President of LABOR FINDERS can modify this agreement. If a court finds any part of this agreement unenforceable, that provision may be severed and the remaining provisions will remain in effect. This agreement supersedes any other arbitration agreements. By agreeing to arbitration both you and LABOR FINDERS are giving up any right to a court or jury trial. (Last Revised 04/29/2013)
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