BINDING ARBITRATION AGREEMENT (“Arbitration Agreement”)

        1.       The employee, (*)  (hereinafter "Employee") and Workforce Brokers have agreed and do hereby acknowledge and affirm that Employee’s employment at Workforce Brokers is at-will. The Employee may terminate his employment at will and for any reason.  Workforce Brokers may terminate Employee at any time and for any reason in accordance with Georgia law governing at-will employees.

        2.       Employee also acknowledges that Workforce Brokers utilizes alternative dispute resolution, which involves binding arbitration to resolve all disputes which may arise out of or relate to the relationship between Employee and Workforce Brokers. Employee and Workforce Brokers both agree that except as otherwise provided in paragraph 3 of this Arbitration Agreement, any claim, dispute, and/or controversy that either party may have against the other (including, but not limited to, claims related to compensation or any claims of discrimination and harassment, whether they be based on Georgia anti-discrimination laws or other laws and regulations governing the workplace in Georgia, Title VII of the Civil Rights Act of 1964, as amended, and/or all other applicable local, state or federal laws or regulations governing the workplace) which would otherwise require or allow resort to any court between Employee and Workforce Brokers (or between Employee and Workforce Brokers’s owners parent or subsidiary companies, affiliates, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) arising from, related to, or having any relationship or connection whatsoever with Employee’s seeking employment with, employment by, or other association with or termination by Workforce Brokers, whether based on tort, contract, statutory, or equitable law, or otherwise shall be submitted to and determined exclusively by binding arbitration.

        3.       The only other claims or disputes of any kind the parties are not required to submit to arbitration are: (1) workers’ compensation; (2) unemployment insurance claims; (3) state or federal disability insurance claims; or (4) claims for injunctive or equitable relief to enforce paragraphs 5.1 to 6.8, inclusive, of the Employee’s At-Will Employment Agreement. The exclusion provided in this paragraph 3, subpart (4), relates solely to obtaining injunctive and other equitable relief enforcing paragraphs 5.1 to 6.8, inclusive, and upon receipt of any such injunctive or equitable order, the damages claims relating thereto shall be subject to arbitration under this Arbitration Agreement to the extent permitted by law, except that such damages claims may be asserted with or without seeking injunctive relief.  Employee and Workforce Brokers understand and agree that claims arising under any law that permits resort to an administrative agency notwithstanding an Arbitration Agreement to arbitrate those claims may be brought before that agency to exhaust remedies.

        4.       Employee and Workforce Brokers agree that the arbitration and this Arbitration Agreement shall be controlled by the Federal Arbitration Act and acknowledge that Workforce Brokers’s business and the nature of Employee’s employment affect interstate commerce.

        5.       The arbitrator shall be vested with authority to determine any and all issues pertaining to the dispute/claims raised (not including, however, any disputes concerning the validity or enforceability of this Arbitration Agreement). However, any such determinations, remedies and awards shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis for his/her determinations other than such controlling law. To the extent applicable in civil actions, the following shall apply and be observed:  (1) all rules of pleading and all rights to resolution of the dispute by means of motions for summary judgment or adjudication and judgment on the pleadings. All such motions shall be heard on 28 days notice, said notice period being subject to change by the arbitrator but only upon a showing of good cause; (2) Discovery shall be in conformity with the procedures of the Georgia Civil Practice Act, and all of the Act’s other mandatory and permissive rights to discovery applicable to the dispute being arbitrated); (3) The arbitrator shall follow the Georgia Rules of Evidence during the hearing; (4) Awards shall include the arbitrator’s written reasoned opinion, and the award shall remain confidential unless disclosure of such award is permitted by law. The arbitrator’s award may be enforced by a court of competent jurisdiction. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or in a representative or private attorney general capacity on behalf of a class of persons or the general public.

        6.       If any term or portion of this Arbitration Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid or unenforceable or to be contrary to public policy or any law, then the remainder of this Arbitration Agreement shall not be affected by such invalidity or unenforceability but shall remain in full force and effect, as if the invalid or unenforceable term or portion had not existed within this Arbitration Agreement. If (1) such a court (including a court of appeal if an appeal is taken) reviews the provisions of this Arbitration Agreement regarding the waiver of class, representative, private attorney general or collective actions and makes a final nonappealable ruling that determines such provisions are invalid or unenforceable under applicable law and (2) after or in connection with such a final ruling, the Employee or Workforce Brokers has asserted, asserts, or seeks to assert, class, representative, private attorney general or collective action claims against the other party, the provisions of this Arbitration Agreement regarding the waiver shall not be severed from this Arbitration Agreement and, instead, the class, representative, private attorney general or collective action claims shall be resolved in court, and not in arbitration.

        7.       No Employee shall be subject to retaliation if he or she exercises his or her right to assert claims under this Arbitration Agreement and any retaliatory act or omission is directly contrary to Workforce Brokers policy. If any Employee believes that he or she has been retaliated against by anyone at Workforce Brokers, the Employee should immediately report this to the Human Resources Department.

        8.       Workforce Brokers encourages all Employees to become familiar with their rights under state and federal wage and hour laws, equal employment opportunity laws, and all other laws. Among other locations, information regarding an Employee’s rights under applicable wage and hour laws can be found at the U.S. Department of Labor’s website, http://www.dol.gov (and similar state and federal governmental websites), and information regarding an Employee’s rights under equal employment opportunity laws can be found at the U.S. Equal Employment Opportunity Commission’s website, http://www.eeoc.gov (and similar state governmental websites). Workforce Brokers encourages all Employees to report any violations of applicable law to Workforce Brokers and to assert claims under this Arbitration Agreement for any alleged violations of any state or federal law including, but not limited to, alleged violations of state and federal laws governing wages, hours, overtime, minimum wage, discrimination, harassment or retaliation, or any other claims or disputes covered by this Arbitration Agreement. The Georgia Department of Labor website is www.dol.state.ga.us.

        9.       This is the entire Arbitration Agreement between Workforce Brokers and the Employee regarding dispute resolution. This Arbitration Agreement is a separate agreement relating to arbitration only and does not alter or amend any of the terms and conditions set forth in the Employee’s  At-Will Employment Agreement signed on *GET DATA WITH THE RELATION ( IF EXISTS )*.

EMPLOYEE HAS READ, UNDERSTOOD, AND AGREES TO BE LEGALLY BOUND TO ALL OF THE ABOVE TERMS AND UNDERSTANDS BY AGREEING TO THIS BINDING ARBITRATION  AGREEMENT, BOTH EMPLOYEE AND Workforce Brokers GIVE UP RIGHTS TO TRIAL BY JURY.

                                                                                                                                                 (in place of a signature enter your full name)

Date: 12/18/2017                                     

                                                                          EMPLOYEE NAME (PRINTED)                                       *EMPLOYEE SIGNATURE

Signed for Workforce Brokers :

Date: 12/18/2017                                                    GOERGE IVANOV, CEO                                  ___________________________________________

                                                                                 NAME, TITLE                                                                   SIGNATURE