Applicant Arbitration Agreement
Effective for all employment applications submitted to arbastro.
This Applicant Arbitration Agreement (the “Agreement”) is entered into by and between you (the “Applicant”) and arbastro and its affiliates, subsidiaries, parents, and successors (collectively, the “Company”). By submitting an application for employment to the Company through arbastro.com/careers or any other channel, you acknowledge and agree to the terms of this Agreement.
1. Mutual Agreement to Arbitrate
The Applicant and the Company mutually agree that any and all disputes, claims, or controversies arising out of or relating to: (a) the application for employment; (b) any pre-employment inquiry, background check, drug screening, or assessment; (c) any offer (or non-offer) of employment; or (d) any subsequent employment relationship, if formed, including any termination of that relationship, shall be resolved by final and binding arbitration administered in accordance with the terms below.
2. Covered Claims
Covered claims include, without limitation, claims arising under federal, state, or local statute, ordinance, regulation, common law, contract, or tort theory, including but not limited to claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, state wage-and-hour laws, state anti-discrimination and anti-retaliation laws, and claims for wrongful termination, defamation, fraud, misrepresentation, and breach of contract.
3. Excluded Claims
This Agreement does not apply to: (a) claims for workers’ compensation, state unemployment insurance, or state disability benefits; (b) claims that, by federal law, are not subject to mandatory pre-dispute arbitration, including but not limited to claims of sexual assault or sexual harassment as defined under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021; (c) administrative charges filed with the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, or any equivalent state or local agency; or (d) claims for injunctive or other equitable relief in aid of arbitration or to protect intellectual property or confidential information.
4. Class, Collective, and Representative Action Waiver
The Applicant and the Company expressly agree that any covered claim shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator shall have no authority to consolidate the claims of more than one individual or to preside over any form of representative or class proceeding, except where prohibited by applicable law (including, where applicable, claims brought under the California Private Attorneys General Act, which the parties agree may proceed in court to the extent required by law).
5. Arbitration Procedure
Arbitration shall be administered by JAMS (or, if JAMS is unavailable, by the American Arbitration Association) in accordance with its then-current Employment Arbitration Rules & Procedures (the “Rules”), available at jamsadr.com or adr.org respectively, except as modified by this Agreement. The arbitration shall be conducted before a single neutral arbitrator selected pursuant to the Rules. The seat of arbitration shall be the county in which the Applicant resides or, if the Applicant resides outside the United States, the State of Delaware, U.S.A. The arbitration may proceed by video, telephone, or in person, at the arbitrator's discretion.
6. Fees and Costs
The Company shall pay all administrative and arbitrator fees and costs that the Applicant would not otherwise be required to pay if the dispute were litigated in court. Each party shall otherwise bear its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees to the prevailing party where authorized by the underlying statute or contract.
7. Discovery and Authority
The arbitrator shall have authority to allow reasonable discovery, to rule on dispositive motions, and to grant any remedy or relief that would be available in court under applicable law. The arbitrator shall apply the substantive law of the state in which the Applicant resides (or, where applicable, federal law) and shall issue a written award setting forth the essential findings and conclusions on which the award is based.
8. Confidentiality
The arbitration proceedings, including any award, shall be kept confidential by the parties to the fullest extent permitted by applicable law, except as necessary to enforce, modify, or vacate the award; to comply with legal or regulatory obligations; or to disclose to a party's attorneys, accountants, or insurers under a duty of confidentiality.
9. Governing Law & Severability
This Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and, to the extent not preempted, the laws of the State of Delaware, without regard to its conflict of laws principles. If any portion of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to be enforceable.
10. Voluntary & Knowing Agreement
The Applicant acknowledges that they have had a full and fair opportunity to read this Agreement, to ask questions, and to consult with legal counsel of their choice before submitting an application. By submitting an application for employment, the Applicant knowingly and voluntarily agrees to be bound by the terms of this Agreement and waives the right to a trial by jury for any covered claim.
11. At-Will Relationship
Nothing in this Agreement alters the at-will nature of any future employment relationship between the Applicant and the Company. Employment, if offered, may be terminated at any time, with or without cause and with or without notice, by either party.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the resolution of disputes arising out of or relating to the application for employment, and supersedes any prior or contemporaneous oral or written agreements on the same subject.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT SUBMIT AN APPLICATION FOR EMPLOYMENT TO arbastro. Submission of an application constitutes acceptance.