G.A. Rogers' Binding Arbitration and Dispute Resolution Process
To the full extent allowable by law, PrideStaff DBA G.A. Rogers & Associates and I agree that all claims relating to my application for employment and hiring must be resolved through binding arbitration in accordance with the Federal Arbitration Act and pursuant to the American Arbitration Association’s Employment Arbitration Rules, and not by a court or jury trial. I further understand and agree that arbitration requests must be initiated within the legal statute of limitations for the claim and made in writing to the PrideStaff at 7535 N. Palm Ave., Suite 101, Fresno CA 93711. I further understand and agree that claims must be brought on an individual basis only and not as a class, collective, or representative of other persons.
PrideStaff DBA G.A. Rogers & Associates will pay all arbitrator fees and other costs unique to arbitration to the extent they exceed filing requirements in court. The parties will have a right to conduct adequate discovery, bring dispositive motions, and present witnesses and evidence as necessary to present their case. The parties shall be entitled to any remedy to which they are entitled under applicable law and only those remedies. Each party will pay their own attorneys’ fees subject to any fee-shifting remedies to which they may later be entitled under applicable law. The arbitrator shall issue a reasoned decision in writing.
Disputes that cannot be arbitrated by an applicable law that is not preempted under federal law are not subject to arbitration. Such claims include, but are not limited to, claims barred from arbitration by the Ending Forced Arbitration and Harassment Act or brought pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act. Also excluded from arbitration are administrative claims brought before certain federal agencies such as the Equal Employment Opportunity Commission, the Department of Labor, and the National Labor Relations Board. Claims for unemployment, state disability, and workers’ compensation benefits are also not subject to arbitration.