Claims Not Covered By this Agreement. Claims for workers’ compensation, unemployment insurance, and claims for injunctive relief are not covered by this Agreement. Nothing in this Agreement is intended to prevent Executive from filing an administrative claim with the Equal Employment Opportunity Commission. Moreover, Executive, Parent or the Bank may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and/or enforce and arbitration award.
Claims Not Covered By this Agreement. Claims for workers’ compensation, unemployment insurance, claims for injunctive relief, and claims under California Private Attorneys General Act of 2004, as amended, are not covered by this Agreement. Nothing in this Agreement is intended to prevent Employee from filing an administrative claim with the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. Moreover, both Employee and the Company may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and/or enforce and arbitration award.
Claims Not Covered By this Agreement. The only disputes and/or claims between Employee and Employer which shall not be covered by this Agreement are:
1. any and all claims that are brought and processed by a governmental administrative agency, including the California Fair Employment and Housing Commission, the Equal Employment Opportunity Commission, the California Labor Commission (Division of Labor Standards Enforcement) or the Federal Department of Labor, or similar state and local administrative agencies if employment is in a state other than California. To the extent that the Employee desires to pursue such claims beyond the administrative process (i.e., in court) such claims will then be covered by this Agreement;
2. any and all claims by Employee for Workers Compensation or Unemployment Insurance benefits; or
3. any and all claims by Employee for benefits under an Employer plan which provides its own arbitration procedure.
Claims Not Covered By this Agreement. The following claims shall not be covered by this Agreement:
a. Claims for workers’ compensation benefits (provided that claims for workers’ compensation retaliation remain Covered Claims);
b. Claims for unemployment compensation benefits; |US-DOCS\137768044.8||
c. Claims for any relief asserted under or governed by the Employee Retirement Income Security Act of 1974 (“ERISA”); resolution of such claims will be governed by the terms of the applicable plan and applicable law;
d. Claims that are subject to the exclusive jurisdiction of the National Labor Relations Board;
e. Claims brought with the California Division of Labor Standards Enforcement while pending with the agency;
f. Claims brought pursuant to California’s Private Attorney General Act (“PAGA”); and
g. Any claim that is expressly precluded from inclusion in this Arbitration Agreement by a governing federal statute.
Claims Not Covered By this Agreement. This Agreement does not apply to the following claims: Claims for worker’s compensation or unemployment compensation benefits; Claims or charges before any administrative agency having jurisdiction of the Claim, if private dispute resolution procedures cannot be compelled as to such Claim; or Claims for benefits under a benefit plan which has a claim procedure inconsistent with this Agreement.
Claims Not Covered By this Agreement. The following claims shall not be covered by this Agreement:
a. Claims for workers’ compensation benefits (provided that claims for workers’ compensation retaliation remain Covered Claims); |US-DOCS\140273479.3||
b. Claims for unemployment compensation benefits;
c. Claims for any relief asserted under or governed by the Employee Retirement Income Security Act of 1974 (“ERISA”); resolution of such claims will be governed by the terms of the applicable plan and applicable law;
d. Claims that are subject to the exclusive jurisdiction of the National Labor Relations Board;
e. Claims brought with the California Division of Labor Standards Enforcement while pending with the agency;
f. Non-individual Claims brought pursuant to PAGA; individual PAGA Claims for violations that you claim to have suffered are subject to individual arbitration under this Agreement;;
g. Claims for public injunctive relief (e.g. claims seeking injunctive relief that benefits citizens as a whole, not just the employee or a group of employees); a court, not an arbitrator, shall decide whether a claim is for public or private injunctive relief, and any Covered Claims for private injunctive relief must be arbitrated on an individual basis; and
h. Any claim that is expressly precluded from inclusion in this Arbitration Agreement by a governing federal statute.
Claims Not Covered By this Agreement. This Agreement does not apply to claims for workers compensation benefits, state disability insurance and unemployment insurance benefits. This Agreement does not apply to claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance, which include their own dispute resolution procedure; however, this Agreement does apply to any claims for breach of fiduciary duty, for penalties, or alleging any other violation of the Employment Retirement Income Security Act of 1974, as amended, even if such claim is combined with a claim for benefits. This Agreement does not apply to claims for employee benefits under any benefit plan sponsored by the Company which includes its own arbitration procedure; however, if such arbitration procedure is held to be not binding or unenforceable, then this Agreement does apply. The Company and Employee may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Disputes that may not be subject to pre-dispute arbitration as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act are excluded from the coverage of this Agreement. This Agreement also shall not be construed to require the arbitration of any claims against a defense contractor that may not be the subject of a mandatory arbitration agreement as provided by any Department of Defense Appropriations Act and their implementing regulations.
Claims Not Covered By this Agreement. This Agreement does not (1) prohibit the filing or pursuit of relief through a court action by me or the Company for any provisional remedy, including a temporary restraining order or preliminary injunction when available by law, before the filing of or during arbitration, (2) cover claims which, under applicable law (after application of Federal Arbitration Act preemption principles), are not subject to or are excluded from arbitration, or (3) restrict my right to file, and recover through, administrative claims with any government agency, or (4) cover claims now pending in litigation in any forum, or (5) apply to a representative claim under California’s Private Attorneys General Act or other state law authorizing me to bring a representative action for civil penalties on behalf of the state (“private attorney general claim”). A private attorney general claim must be litigated in a court of competent jurisdiction and not in arbitration.
Claims Not Covered By this Agreement. This Agreement does not cover: (i) claims for workers’ compensation or unemployment insurance benefits; (ii) claims based on equity plans, employee pension plans, or welfare benefit plans if and only if those plans contain a complete dispute resolution process; (iii) claims for sexual harassment or abuse, or claims of discrimination that are based on the same facts and circumstances or otherwise related to excluded sexual harassment or abuse claims, if any applicable federal, state, or local law prohibits mandatory arbitration of those claims; and (iv) claims that by federal law are not subject to mandatory binding pre-dispute arbitration. Further, this Agreement does not prohibit the filing of an administrative charge with a federal, state, or local administrative agency such as the National Labor Relations Board or the Equal Employment Opportunity Commission.
Claims Not Covered By this Agreement. This agreement does not apply to:
(i) Claims for benefits under the Company’s Employee Injury Benefit Plan;
(ii) Workers’ Compensation Benefits under the Texas Workers’ Compensation Act or any other similar state or federal law;
(iii) Claims based upon Company’s pension or benefit plan that contains an arbitration or other non‐ judicial resolution procedure, in which case the provisions of that plan shall apply;
(iv) Claims covered by a collective bargaining agreement, in which case the terms, conditions and procedures of that collective bargaining agreement shall control.
