Mutual Arbitration Agreement (Employment)

# Mutual Arbitration Agreement (Employment) This Mutual Arbitration Agreement (the "Agreement") is entered into effective as of ___________ by and between ___________, organized under the laws of ___________ (the "Company"), and ___________ (the "Employee"). The Company and the Employee are referred to collectively as the "Parties." **IMPORTANT: THIS AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN COURT AND WAIVES THE RIGHT TO A JURY TRIAL AND CLASS OR COLLECTIVE ACTION.** ## 1. Scope This Agreement applies to all disputes, claims, and controversies arising out of or relating to Employee's employment with the Company or the termination of that employment, whether arising during or after the employment relationship. Covered claims include, without limitation, claims under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and comparable state and local statutes, as well as claims for wrongful termination, breach of contract, harassment, discrimination, retaliation, and wage-and-hour or unpaid-compensation claims. ## 2. Mutual Obligation This Agreement is mutual. **Both the Company and the Employee** are bound by it. Neither Party may bring a covered employment dispute in court, and each Party waives the right to a trial by jury and the right to proceed in court, except as expressly provided in the Carve-Outs below. The Parties' mutual promises to arbitrate constitute consideration for this Agreement. ## 3. Carve-Outs (Not Subject to Arbitration) The following are not subject to arbitration under this Agreement: (a) claims for workers' compensation benefits; (b) claims for state unemployment insurance benefits; (c) proceedings before the National Labor Relations Board (NLRB); (d) the filing of a charge with the Equal Employment Opportunity Commission (EEOC) or a comparable state or local agency (the filing of such a charge only; any claim for monetary or other individual relief remains subject to arbitration); (e) matters within the jurisdictional limit of a small claims court; and (f) applications by either Party to a court for a temporary restraining order or preliminary injunction to protect trade secrets, confidential information, or other intellectual property pending arbitration. Nothing in this Agreement prevents either Party from filing a charge or complaint with, or otherwise communicating with or participating in any proceeding before, any government agency. ## 4. Arbitration Rules and Administrator Arbitration shall be administered by JAMS or the American Arbitration Association (AAA) under its Employment Arbitration Rules in effect at the time the demand is filed. If the Parties cannot agree on a provider, the Company shall select one of the two. The arbitrator shall be selected in accordance with the rules of the chosen provider. The seat of arbitration shall be in the state identified above as the Company's state. The arbitration shall be conducted in the English language. The arbitrator shall have authority to award any remedy that would be available to the Parties in a court of law or equity for the claims asserted, and the arbitrator's award shall be final and binding and subject to judicial enforcement under applicable law. ## 5. Class Action Waiver To the fullest extent permitted by law, each Party waives the right to bring, participate in, or recover under any claim on a class, collective, or representative basis. All covered claims shall be arbitrated only on an individual basis, and the arbitrator shall have no authority to consolidate or join the claims of more than one individual or to preside over any form of class, collective, or representative proceeding. With respect to representative claims under the California Private Attorneys General Act (PAGA), enforceability is governed by the law of the Company's state: ___________.