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- 9. Arbitration and equitable relief
- A. Arbitration. In consideration of my agreement with the company, its promise to arbitrate all work-related disputes, and my receipt of the compensation and other benefits paid to me by the company, at present and in the future, i agree that any and all controversies, claims, or disputes with anyone (including the company and any employee, officer, director, shareholder, or benefit plan of the company, in their capacity as such or otherwise), whether brought on an individual, group, or class basis, arising out of, relating to, or resulting from my employment with the company or the termina tion of my employment with the company, including any breach of this agreement, shall be subject to binding arbitration under the arbitration rules set forth in california code of civil procedure section 1280 through 1294.2, including section 1281.8 (the “act”), and pursuant to california law. The federal arbitration act shall continue to apply with full force and effect notwithstanding the application of procedural rules set forth in the act. Disputes that i agree to arbitrate, and thereby agree to waive any right to a trial by jury, include any statutory claims under local, state, or federal law, including, but not limited to, claims under title vii of the civil rights act of 1964, the americans with disabilities act of 1990, the age discrimination in employment act of 1967, the older workers benefit protection act, the sarbanes-oxley act, the worker adjustment and retraining notification act, the california fair employment and housing act, the family and medical leave act, the california family rights act, the california labor code, claims of harassment, discrimination, and wrongful termination, and any statutory or common law claims. I further understand that this agreement to arbitrate also applies to any disputes that the company may have with me.
- B. Procedure. I agree that any arbitration will be administered by judicial arbitration & mediation services, inc. (“jams”), pursuant to its employment arbitration rules & procedures (the “jams rules”). I agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, and motions for class certification, prior to any arbitration hearing. I agree that the arbitrator shall issue a written decision on the merits. I also agree that the arbitrator shall have the power to award any remedies available under applicable law, and that the arbitrator shall award attorneys’ fees and costs to the prevailing party, except as prohibited by law. I agree that the decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof. I understand that the company will pay for any administrative or hearing fees charged by the arbitrator or jams except that i shall pay any filing fees associated with any arbitration that i initiate, but only so much of the filing fees as i would have instead paid had i filed a complaint in a court of law. I agree that the arbitrator shall administer and conduct any arbitra tion in accordance with california law, including the california code of civil procedure, and that the arbitrator shall apply substantive and procedural california law to any dispute or claim, without reference to rules of conflict of law. To the extent that the jams rules conflict with california law, california law shall take precedence. I agree that any arbitration under this agreement shall be conducted in san francisco county, california.
- C. Remedy. Except as provided by the act and this agreement, arbitration shall be the sole, exclusive, and final remedy for any dispute between me and the company. Accordingly, except as provided for by the act and this agreement, neither i nor the company will be permitted to pursue court action regarding claims that are subject to arbitration.
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