Submitted By live5051
MUTUAL AGREEMENT TO ARBITRATE CLAIMS
This Mutual Agreement to Arbitrate Claims (“Agreement”) is between Crewmember and Raising Cane’s USA, LLC (hereafter “Employer”). Any reference to Employer also includes its parent companies, subsidiaries, divisions, related companies, affiliates, and all successors and assigns of any of them. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Agreement, which evidences a transaction involving commerce. ALL DISPUTES COVERED BY THIS AGREEMENT SHALL BE DECIDED BY AN ARBITRATOR THROUGH ARBITRATION AND NOT BY WAY OF COURT, JURY TRIAL, OR ANY OTHER ADJUDICATORY PROCEEDING. Covered Claims/Disputes. Except as otherwise provided in this Agreement, this Agreement applies to any and all disputes, past, present or future, that may arise between Crewmember and Employer, including without limitation any dispute arising out of or related to Crewmember's employment and/or separation of employment with Employer and survives after the employment relationship terminates. This Agreement applies to a covered dispute that Employer may have against Crewmember or that Crewmember may have against Employer or its officers, directors, principals, shareholders, members, owners, employees, managers, agents, and attorneys. The only claims subject to arbitration are those that, in the absence of this Agreement, could be brought under applicable law. The Agreement applies, without limitation, to claims based upon or related to discrimination, harassment, retaliation, defamation (including post-employment defamation or retaliation), breach of a contract or covenant, fraud, negligence, emotional distress, breach of fiduciary duty, trade secrets, unfair competition, wages or other compensation claimed to be owed, breaks and rest periods, termination, tort claims, equitable claims, and all statutory and common law claims unless specifically excluded below. The Agreement specifically covers, without limitation, claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Genetic Information Non-Discrimination Act, and state or local statutes, if any, addressing the same or similar subjects. Additionally, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” and “Representative Action Waiver” described in Sections 3 and 4 below. Excluded Claims/Disputes. The Agreement does not apply to claims for worker’s compensation benefits, state disability insurance benefits and unemployment insurance benefits; however, this Agreement does apply to retaliation claims based upon seeking such benefits, such as claims for worker’s compensation retaliation. This Agreement does not apply to claims for employee benefits under any benefit plan covered by the Employee Retirement Income Security Act of 1974 or funded by insurance. The Agreement does not apply to any claim that an applicable federal statute expressly states cannot be arbitrated. Additionally, both Crewmember and Employer may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy; however, all determinations of final relief shall be decided in arbitration and the pursuit of the temporary or preliminary injunctive relief shall not constitute a waiver of rights under this Agreement. Regardless of any other terms of this Agreement, claims may be brought before and remedies awarded by an administrative agency if applicable law permits such notwithstanding the existence of an agreement to arbitrate. Such administrative filings include without limitation claims or charges brought before the Equal Employment Opportunity Commission, U.S. Department of Labor, National
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Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Agreement shall preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. Class Action Waiver. Crewmember and Employer agree to bring any dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Agreement and/or the American Arbitration Association (“AAA”) rules or procedures, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. Representative Action Waiver. Crewmember and Employer agree to bring any dispute in arbitration on an individual basis only, and not as a Private Attorney General Representative Action (“Representative Action”). There will be no right or authority for any dispute to be brought, heard or arbitrated as a Private Attorney General Representative Action ("Representative Action Waiver"). The Representative Action Waiver shall be severable from this agreement in any case in which a court of competent jurisdiction finds the Representative Action Waiver is unenforceable. In such instances, the Representative Action must be litigated in a court of competent jurisdiction, and the arbitrator will have no jurisdiction or authority to preside over a Representative Action. Regardless of anything else in this Agreement and/or AAA’s rules or procedures, the interpretation, applicability, enforceability or formation of the Representative Action Waiver may only be determined by a court and not an arbitrator. Arbitrator Selection. An arbitrator shall be selected by the mutual agreement of the parties. In the event the parties cannot agree to an arbitrator, they shall proceed to arbitration before a single arbitrator under the auspices of the AAA and the then-current AAA Employment Arbitration Rules (the AAA Rules are available through the Crew Resources Department or the AAA’s website (www.adr.org)), provided, however, that if there is a conflict between the AAA Rules and this Agreement, this Agreement shall govern. Unless the parties mutually agree otherwise, the Arbitrator shall be either an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened, or a former judge. Initiating Arbitration. A party who wishes to arbitrate a claim covered by this Agreement must make a written Request for Arbitration and deliver it to the other party by hand or mail no later than the expiration of the statute of limitations that applicable law prescribes for the claim. Any Request for Arbitration to Employer should be delivered to Employer’s Vice President of Business Administration, whose current address is 6800 Bishop Rd., Plano, TX 75024. Any Request for Arbitration to Crewmember shall be provided to the last home address Crewmember provided to Employer. The Request for Arbitration shall identify the claims asserted, the factual basis for the claim(s), and the relief and/or remedy sought. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if the claim(s) had been brought in court. Rules/Standards Governing Proceeding. The Arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity for the claims presented to the Arbitrator, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The Arbitrator shall apply the substantive law of the state in which the claim arose, or federal law, or both, as applicable to the claims asserted. The Arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery (including but not limited to depositions, interrogatories, and requests for production) and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the Arbitrator. Each party shall also have the right to subpoena witnesses and documents, including documents relevant to the case from third parties. At least thirty (30) days before the final hearing, the parties must exchange a
Copyright © 2015 Raising Cane’s Restaurants, LLC
list of witnesses, excerpts of depositions to be introduced, and copies of all exhibits to be used at the hearing. The location of the arbitration proceeding shall be in the county where the Crewmember last worked for Employer unless each party agrees otherwise. The Arbitrator has the authority to hear and rule on pre-hearing disputes. The Arbitrator also has the authority to entertain a motion to dismiss and/or a motion for summary judgment and shall apply the standards for such motions under the Federal Rules of Civil Procedure. The Federal Rules of Evidence shall apply to the proceeding. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter judgment upon the Arbitrator’s decision/award. Payment of Fees. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. Employer will pay the Arbitrator's fees and the fee for administering the arbitration, if any. Entire Agreement/Severability. This is the complete agreement relating to the resolution of disputes covered by this Agreement. If any portion of this Agreement is deemed unenforceable, the unenforceable provision shall be severed from the Agreement and the remainder of the Agreement will be enforceable. Notwithstanding any contrary language, if any, in any Employer policy or Crewmember Handbook, this Agreement may not be modified or terminated absent a writing signed by both parties. Acceptance of Agreement. Crewmember acknowledges and agrees that he/she is accepting and agreeing to the terms of this Agreement by either signing his/her name in the space provided below or by using an electronic signature and clicking on “Agreed” after reviewing the Agreement in an electronic format. Crewmember acknowledges and agrees that by accepting and agreeing to the terms of the Agreement electronically, Crewmember is binding him/herself to this Agreement just like he/she had signed it in ink. AGREED:
________________________________________ CREWMEMBER SIGNATURE
_______________________________________ CREWMEMBER NAME PRINTED
_______________________________________ SIGNATURE OF AUTHORIZED EMPLOYER REP.
V.P. Business Administration TITLE OF EMPLOYER REP
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