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MUTUAL ARBITRATION AGREEMENT
In recognition of the fact that differences may arise between G&B Grand Central, LLC, the employer (“Employer”),
and ___________________________________, the employee (“Employee” or "Member"), (collectively referred to herein
as the “Parties”) during and/or after Employee’s employment, and in recognition of the fact that resolution of any
differences in the Courts may not be as time or cost effective as a speedy, impartial, and less expensive arbitration, the
Employer and the Employee hereby enter into this Mutual Arbitration Agreement (“Agreement”) as follows:
Agreement to Arbitrate: The Parties agree to resolve, through binding arbitration with the American Arbitration Association
(“AAA”), any disputes or claims related to the Employee’s application for employment, the Employee’s employment and/or the
Employee’s separation from employment with Employer, with the arbitration to be conducted in accordance with the
Employment Arbitration Rules of the AAA and the California Arbitration Act (located at California Code of Civil Procedure §
1280 et seq.) to the extent that they do not conflict with this Agreement.
Arbitrable Claims: Any and all disputes or claims by either Party related to the Employee’s application for employment, the
Employee’s employment and/or the Employee’s separation shall be submitted to binding arbitration including, but not limited
to, any claims for discrimination, harassment or retaliation under California’s Fair Employment & Housing Act, Title VII of the
Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967, The Family Medical Leave Act, The California
Family Rights Act, The Older Workers’ Benefit Protection Act, The Employee Retirement Income Security Act, The
Americans With Disabilities Act and/or the California Labor Code; any claims for unpaid wages, unreimbursed business
expenses, meal period violations and/or rest period violations under The Fair Labor Standards Act, the California Labor Code
and/or California’s Industrial Welfare Commission Wage Orders; and any other employment-related claims under federal or
state statutory or common law. However, any claims for workers’ compensation or unemployment benefits are expressly
excluded from this Agreement.
Deadline for Instituting Arbitration: Any arbitration proceeding under this Agreement must be instituted prior to the
expiration of the statute of limitations (deadline for filing in court) that the applicable law would apply to the disputes or claims
that are the subject of the arbitration.
Neutral Arbitrator: After an arbitration proceeding has been initiated with the AAA, the Parties shall attempt to agree upon
an arbitrator within 15 days. If no arbitrator is agreed upon by the Parties within 15 days after the arbitration process begins,
then the AAA shall submit a list of 5 qualified arbitrators located in Southern California from its Panel of Employment
Arbitrators. The Parties will have 15 days after receipt of this list to either agree upon an arbitrator from the list or each strike 2
names from the list. If there is only 1 remaining name after the striking process, then that individual shall be appointed as
arbitrator. If there is more than 1 remaining name after the striking process, then the AAA shall select an arbitrator from the
remaining names. An arbitrator shall be deemed to be qualified if he/she is currently licensed to practice law in the State of
California or a retired judge that served on the bench in the State of California and also if such arbitrator has experience with
employment disputes.
Location of Arbitration: Any arbitration hearings pursuant to this Agreement shall take place at a mutually convenient
location within Los Angeles County, California.
Representation: Each Party may be represented by an attorney at any arbitration proceeding covered by this Agreement.
Discovery: Discovery shall be conducted in accordance with the California Arbitration Act and the Employment Arbitration
Rules of the AAA. At a minimum, the Parties will be permitted to conduct similar discovery as they would be entitled to
conduct in a civil action such as depositions, interrogatories, document productions, requests for admissions or otherwise so that
each Party has access to the essential witnesses, facts and documents. The arbitrator has the authority to order such discovery as
necessary to effectuate this provision and as the arbitrator considers necessary to a full and fair exploration of the issues in
dispute. The arbitrator is also authorized to resolve any disputes concerning the exchange of documents and information, or
other discovery procedures.
Procedures: Except as provided in this Agreement, the arbitration shall be conducted procedurally in accordance with the
Employment Arbitration Rules of the AAA and the California Arbitration Act. The provisions of this Agreement shall take
precedence over any other arbitration rules. The Employment Arbitration Rules of the AAA shall apply to the extent that they
do not conflict with this Agreement. The AAA's Employment Arbitration Rules can be found at the website - www.adr.org -
under the "Rules & Procedures" section. The California Arbitration Act shall apply to the extent it does not conflict with this
Agreement or the AAA's Employment Arbitration Rules.