I certify that all of the information contained in my profile, resume, any other documents filled out in connection with my application for employment or with the Company’s representation of me for direct hire opportunities, and any information provided in any interview, is true, complete and correct, and I understand that any misrepresentation, omission or falsification of any information provided by me may result in disqualification from further representation by the Company, consideration for employment with the Company or the Company’s clients, or, if hired by a Company client or by the Company, dismissal from employment. I authorize the Company to contact my former employers, references, and any and all other persons and organizations for information bearing upon my qualifications for employment. I further authorize the listed employers, schools and personal references to give the Company any and all information about my previous employment and education, along with any other pertinent information they may have.
I further expressly acknowledge and agree that, to the fullest extent allowed by law, any controversy, claim or dispute between me and the Company (and/or any of its affiliates, divisions, owners, shareholders, directors, partners, members, officers, employees, volunteers or agents) relating to or arising out of my application for employment, presentation for employment opportunities with third parties, my employment or the cessation of that employment will be submitted to final and binding arbitration before a neutral arbitrator in the county in which I work(ed) for determination pursuant to the Federal Arbitration Act, and administered by JAMS in accordance with JAMS’ Employment Arbitration Rules and Procedures (which can be accessed at www.jamsadr.com/ rules- employment-arbitration) as the exclusive remedy for such controversy, claim or dispute. A copy of the JAMS’ Employment Arbitration Rules in English or Spanish may also be obtained by contacting the Company’s corporate Human Resources Manager.
In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. The arbitrator shall issue a written decision stating the essential findings and conclusions on which the award is based, and shall have full authority to award all remedies that would be available in court. The Company shall pay all arbitrator’s fees and any arbitration administrative expenses, to the extent required by law. Any judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. I acknowledge and agree that this Agreement shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sec 1, et seq. I also understand and agree that the Company is engaged in transactions involving interstate commerce.
This bi-lateral arbitration agreement covers, but is not limited to, claims of unpaid wages, breach of contract, torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Fair Labor Standards Act, the Family Medical Leave Act, the California Fair Employment and Housing Act, the California Labor Code, the California Family Rights Act, the Arizona Civil Rights Act, the Colorado Anti-Discrimination Act, the Florida Civil Human Rights Act, the Georgia Age Discrimination Act, the Georgia Equal Employment for Persons With Disabilities Code, the Illinois Human Rights Act, Article 49B of the Annotated Code of Maryland, the Michigan Fair Employment and Practices Act, the Nevada Fair Employment and Practices Act, the Ohio Fair Employment Practices Law, the Pennsylvania Human Relations Act, the Texas Employment Discrimination Law, the Virginia Human Rights Act, and any other statutes, laws, or regulations relating to an employee’s relationship with his/her employer, regardless of whether such dispute is initiated by the employee or the Company. This Agreement also covers any and all claims that the Company may have against me, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. This arbitration requirement does not apply to claims for workers’ compensation benefits, unemployment claims, benefit claims that culminate in another arbitration process, claims arising under the National Labor Relations Act, claims arising under ERISA (29 U.S.C. §§ 1001 et. seq.), any other claims where mandatory arbitration is prohibited by law, or charges filed with federal or state administrative agencies alleging violations of federal and state laws prohibiting discrimination, harassment, and retaliation. In addition, nothing in this Agreement shall prevent the Company or me from applying to courts for provisional remedies.
The Company and I also agree that each may bring and pursue claims against the other only in their individual capacities, and may not bring, pursue or act as a plaintiff or class member in any purported class or collective proceeding. The parties agree that the arbitrator will only have authority to resolve individual claims, and will not have the authority to join claims brought by any other individual or conduct proceedings on behalf of a class or collective group of individuals. In the event any party attempts to pursue claims on behalf of a class or a collective action, a court, not the arbitrator, shall determine the arbitrator’s authority under this Agreement to conduct such proceedings. The parties agree that a court, not an arbitrator, shall determine whether any claims covered by this Agreement may proceed on a class, representative, or collective basis. Without limiting the foregoing provisions in any respect, the arbitrator shall decide procedural issues relating to the arbitration.
The parties further agree that, with respect to claims covered by this Agreement, to the full extent permitted by law neither party may bring, pursue, or act as a plaintiff or representative in any purported representative proceeding or action, or otherwise participate in any such representative proceeding or action other than to pursue the party’s individual claim. In the event any representative claims are determined not to be subject to the terms of this Agreement as a matter of law, those claims shall be resolved in court but shall be stayed pending the outcome of the arbitration of the party’s individual claim(s).
BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH I AND THE COMPANY GIVE UP ALL RIGHTS TO A TRIAL BY JURY. This bi-lateral arbitration agreement is to be construed as broadly as is permissible under applicable law. The terms of this Agreement control over any prior or subsequent oral discussions I may or have had with a Company representative about arbitration. In the event that any provision of this Agreement is held to be void, null or unenforceable, the remaining portions shall remain in full force and effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE FOREGOING.
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