MUTUAL AGREEMENT TO ARBITRATE CLAIMS
New View Staffing, Inc.(the "Company") and _____________ ("Employee") hereby agree that any and all disputes, claims or controversies arising out of or relating to this Mutual Agreement to Arbitrate Claims (the "Agreement"), the employment relationship between Employee and Company or otherwise concerning, relating to or arising out of the services provided by Employee to clients of Company, or the termination of the employment relationship, that are not resolved by their mutual agreement, shall be resolved by final and binding arbitration by a neutral arbitrator, in the State of California. This Agreement includes any claims that the Company may have against the Employee, or that Employee may have against the Company or against any of their respective officers, directors, employees, agents, or parent, subsidiary, or affiliated entities.
1. _________ The terms of this Agreement supersede any prior or subsequent oral discussions or agreements you may or have had with the Company about arbitration or resolving disputes with the Company.
2. __________ The claims covered by this Agreement include, but are not limited to, claims for wrongful termination; breach of any contract or covenant, express or implied; breach of any duty owed to Employee by Company or to Company by Employee; personal, physical or emotional injury; fraud, misrepresentation, defamation, and any other tort claims; wages or other compensation due; penalties; benefits; reimbursement of expenses; discrimination or harassment, including but not limited to discrimination or harassment based on race, sex, pregnancy, religion, national origin, ancestry, age, marital status, physical disability, mental disability, medical condition, or sexual orientation; retaliation; violation of any federal, state or other governmental constitution, statute, ordinance or regulation (as originally enacted and as amended), including but not limited Title VII of the Civil Rights Act of 1964 ("Title VII"), Age Discrimination in Employment Act of 1967 ("ADEA"), Americans with Disabilities Act ("ADA"), Fair Labor Standards Act ("FLSA"), Employee Retirement Income Security Act ("ERISA"), Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Family and Medical Leave Act ("FMLA"), California Fair Employment and Housing Act ("FEHA"), California Family Rights Act ("CFRA"), California Labor Code, California Civil Code, and the California Wage Orders. This Agreement shall not apply to any dispute if an agreement to arbitrate such dispute is prohibited by law. Nothing in this Arbitration and Class Action Waiver section, however, restricts Employee's right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq., but parties agree that any such representative action shall be stayed pending the outcome of any and all arbitrable claims. SUBJECT TO THE ABOVE PROVISO, THE
PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN EMPLOYEE AND THE COMPANY.
3._________ In arbitration, each side in the dispute presents its case, including evidence, to a neutral third party called an "arbitrator," rather than to a judge or jury. The arbitrator is either an attorney or a retired judge. The parties are entitled to be represented by their own legal counsel in the arbitration proceeding. After reviewing the evidence and considering the arguments of the parties, the arbitrator makes a decision (award) to resolve the dispute. The arbitrator's decision is final and binding which means there will be no trial by a judge or jury or an appeal of the arbitrator's decision. Arbitration normally is more informal and much speedier and less expensive than a lawsuit. Because of the large number of cases awaiting