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  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
  • COALITION INC. VS. ALEX BECKER ET AL INTELLECTUAL PROPERTY document preview
						
                                

Preview

DocuSign Envelope ID: 5305C399-740E-45AC-AAF6-7499AF0060E9 1 DAVID R. BURTT, State Bar No. 201220 dburtt@mobilitylegal.com 2 MOBILITY LEGAL PC 3464 Arivaca Ct. ELECTRONICALLY 3 Reno, NV Telephone: 89511 650-544-8090 F I L E D Superior Court of California, 4 County of San Francisco Attorneys for Defendants ALEX BECKER, 07/08/2020 5 JOHN LOEBER, SHEA MCNAMARA, Clerk of the Court and APOLLO BROKERS, INC. BY: SANDRA SCHIRO Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 COALITION INC., Case No. CGC-20-584249 12 Plaintiff, DECLARATION OF ALEX BECKER IN SUPPORT OF DEFENDANTS’ 13 v. MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS 14 ALEX BECKER, JOHN LOEBER, SHEA MCNAMARA, APOLLO BROKERS, INC., Dept.: 304 15 and DOES 1 through 10, Judge: Hon. Anne-Christine Massullo Date: August 31, 2020 16 Defendants. Time: 11:00 a.m. 17 18 19 20 21 22 23 24 25 26 27 28 BECKER DECLARATION ISO MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Case No. CGC-20-584249 DocuSign Envelope ID: 5305C399-740E-45AC-AAF6-7499AF0060E9 1 I, Alex Becker, declare as follows: 2 1. I am an individual defendant in this case. I make the following declaration on 3 the basis of my own personal knowledge and could testify thereto if called upon as a witness. 4 2. Plaintiff Coalition Inc. (“Coalition” or the “Company”) hired me in March 2017. 5 At that time, the Company was still known as Crucible Risk. 6 3. Joshua Motta is the Company’s co-founder and Chief Executive Officer. 7 4. On March 13, 2017 – immediately upon my hire – I received an email from 8 “Crucible Risk support@justworks.com” with the subject line “[Action Required] Crucible Risk 9 has invited you to enroll in Justworks.” I’ve attached a true and correct copy of this email as 10 Exhibit 1. This email informed me that: 11 “Joshua Motta has invited you to receive payments through Justworks. Crucible Risk uses Justworks to help manage all HR-related needs for 12 the company and for you.” 13 The email also informed me that if I had any questions, “please contact Joshua at 14 joshua@cruciblerisk.com.” 15 5. As prompted by this email, I clicked the “SET UP YOUR ACCOUNT” link and 16 entered the requested data. Far as I can recall, the Company was not required to countersign, or 17 accept via any online methodology, the documents I filled out to activate payroll services 18 through Justworks. The process must have worked because I received my first paycheck on 19 April 28, 2017. The paystub, attached hereto as Exhibit 2, reflected my employer as “Justworks 20 Employment Group LLC PEO for Coalition, Inc.” 21 6. I have reviewed all of the paystubs in my file (up through my termination date in 22 February 2020); each reflects my employer as “Justworks Employment Group LLC PEO for 23 Coalition, Inc.” 24 7. On April 17, 2017, I received another email from Justworks inviting me to sign 25 up for the “great benefits” being offered by the Company by clicking through and filling out my 26 open enrollment forms. I’ve attached a true and correct copy of this email as Exhibit 3. I did, 27 in fact, click the “Enroll Now” tab on this email and filled in the requested information. Far as I 28 can recall, the Company was not required to countersign, or accept via any online methodology, 2 BECKER DECLARATION ISO MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Case No. CGC-20-584249 DocuSign Envelope ID: 5305C399-740E-45AC-AAF6-7499AF0060E9 1 the documents I filled out to enroll for benefits through Justworks. I do not recall reviewing or 2 signing a Worksite Employee Acknowledgment form when I first signed up for Coalition 3 benefits through Justworks. 4 8. On May 17, 2017, I received a confirmatory email from Justworks (attached 5 hereto as Exhibit 4) that my medical, dental, and benefits coverage were live, retroactive to 6 April 1, 2017. Because I participated in the Company’s open enrollment process each year 7 thereafter, my benefits remained continuously in effect through my termination date in early 8 2020. 9 9. The Company’s open enrollment period for benefits was in the fall. As support 10 during its open enrollment period, the Company sent me a number of reminder emails and 11 invited employees to attend “Open Enrollment Webinars.” These were in addition to a short 12 video the Company made available to employees, after I joined, that walked new hires through 13 the steps required to set up their Justworks accounts (which was necessary for both payroll and 14 benefits purposes). 15 10. Here is a live link to the Justworks instructional video which I last visited on July 16 6, 2020 : https://help.justworks.com/hc/en-us/articles/360004480832-Enrolling-in-Justworks. 17 This short video (1 minute 33 seconds) includes the following instructions which are written 18 out, verbatim, below the video link (emphasis added): 19 “Enrolling in Justworks as an employee is easy. Once you are added by your administrator, you will receive an email with an invitation link to Justworks. Please be 20 sure to follow the link from that email, to ensure that you will enroll in an account that’s connected to your company. 21 First, you’ll create a username and password. Next, you’ll make sure your name is 22 spelled correctly, and enter in your personal details such as date of birth and Social Security number. 23 You’ll also have to fill out your mailing address, so we can apply the proper taxes and 24 send your tax forms at the end of the year. We'll also need you to enter your phone number. You will be able to change this information at any time. 25 Lastly, enter your bank account and routing numbers, and adjust your filing status 26 and withholdings as you see fit. You can also change this information directly from your account settings tab whenever you feel the need to do so. 27 28 3 BECKER DECLARATION ISO MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Case No. CGC-20-584249 DocuSign Envelope ID: 5305C399-740E-45AC-AAF6-7499AF0060E9 1 Once you double-check everything and confirm your account settings, you’ll be logged 2 in!. You’ll be prompted to accept the Worksite Employee Acknowledgment and complete your 3 portion of Form I-9.” 4 11. Here is a screenshot taken at 1:18 of the video concerning the Worksite Employee 5 Acknowledgment form: 6 7 8 9 10 11 12 13 14 15 16 17 Above the form itself, the enrollment site clarifies that “Before you get started, please review 18 and acknowledge the document below.” 19 12. On both September 26 and 28, 2018, I received emails from Justworks reminding 20 me that that I have only 7, then only “5 days left to enroll in health insurance for medical, 21 dental, and vision coverage.” I’ve attached a true and correct copy of the September 28 email as 22 Exhibit 5. This email, which contained a link for me to click to “Complete Enrollment,” 23 reminded me that I can “[e]nroll in coverage in 5 minutes with our completely automated online 24 service.” 25 13. On October 1, 2018, I clicked “Complete Enrollment” and started the process of 26 confirming my benefits elections for the coming year. I recall that it was not possible for me to 27 elect benefits without first reviewing and accepting the terms of the Worksite Employee 28 Acknowledgment agreement. 4 BECKER DECLARATION ISO MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Case No. CGC-20-584249 DocuSign Envelope ID: 5305C399-740E-45AC-AAF6-7499AF0060E9 1 14. Attached hereto as Exhibit 6 is a true and correct copy of the Worksite Employee 2 Acknowledgment form discussed in the above video, which I reviewed and executed on 3 October 1, 2018 (“Arbitration Agreement”). In response to my lawyer’s demand for a copy of 4 my personnel file and other documents I signed related to my employment, the Company 5 recently provided me a copy of this document. According to the Company’s records, it stored 6 this Arbitration Agreement in a folder titled “Justworks PEO forms,” with the other 3 folders of 7 my personnel file titled (1) “Offer Agreements,” (2) “Termination Notices and Letters,” and (3) 8 “Wage Statements.” 9 15. The Arbitration Agreement identifies “Coalition Inc.” as my “Worksite 10 Employer,” and states that Coalition and Justworks had “entered into a contract” for Justworks 11 to assist Coalition “with human resources related matters, such as payroll, workers’ 12 compensation insurance, and employee benefits, as agreed upon between Justworks and 13 Worksite Employer.” See Exhibit 6, at §1. 14 16. The Arbitration Agreement contains 11 sections, with the robust arbitration 15 clause (found at section 10) comprising 49% of the total words used in those 11 sections (or 16 1,337 out of 2,736 words total). 17 17. Among other things, the arbitration clause provides that: 18 • “By clicking “I Accept” below, you, on the one hand, and Worksite Employer and Justworks, on the other hand, agree to use binding arbitration as the sole and exclusive 19 means to resolve all disputes that may arise between you and Worksite Employer and/or you and Justworks, including, but not limited to, disputes regarding termination of 20 employment and compensation.” 21 • “You specifically waive and relinquish your right to bring a claim against Worksite Employer and/or Justworks, in a court of law, and this waiver shall be equally binding on 22 any person who represents or seeks to represent you in a lawsuit against Worksite Employer or Justworks in a court of law.” 23 24 • “Similarly, Worksite Employer and Justworks specifically waive and relinquish their respective rights to bring a claim against you in a court of law, and this waiver shall be 25 equally binding on any person who represents or seeks to represent Worksite Employer or Justworks in a lawsuit against you in a court of law.” 26 • “You, Worksite Employer, and Justworks agree that any claim, dispute, and/or 27 controversy . . . that Worksite Employer or Justworks may have against you, shall be submitted to and determined exclusively by binding arbitration under the Federal 28 Arbitration Act (“FAA”).” 5 BECKER DECLARATION ISO MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Case No. CGC-20-584249 DocuSign Envelope ID: 5305C399-740E-45AC-AAF6-7499AF0060E9 1 • “By this arbitration agreement, you give up your right to trial by jury of any claim you may 2 have against Worksite Employer or Justworks, and Worksite Employer and Justworks give up their right to trial by jury of any claim they may have against you.” 3 • “If any portion of this arbitration agreement is deemed invalid or unenforceable, and 4 certain claims are determined not to be subject to this arbitration agreement (“Exempt Claim” or “Exempt Claims”), then the parties shall proceed as follows: (i) the parties shall 5 arbitrate on an individual basis any non-Exempt Claim to the maximum extent permitted 6 by law; and (ii) any party seeking to bring or maintain any Exempt Claim shall do so in court.” 7 • “Employee and Company agree that litigation of any Exempt Claim should be stayed 8 pending final resolution of all non-Exempt Claims in arbitration so that litigation of the Exempt Claim(s) does not disrupt the arbitration proceedings or render them ineffective; 9 no party shall oppose the other party’s request for a stay.” 10 • “This is the entire agreement between you, on the one hand, and Worksite Employer and/or Justworks, on the other hand, regarding dispute resolution, and this arbitration 11 agreement supersedes any and all prior agreements regarding these issues.” 12 See Exhibit 6, at §10. 13 18. The Arbitration Agreement also includes a number of additional procedural 14 protections for those Coalition employees who, like me, “work at a location within California.” 15 19. The Arbitration Agreement includes the following language concerning my 16 agreement to be bound by its terms, which agreement I provided when I clicked “SUBMIT” at 17 1:32 a.m. on October 1, 2018: 18 BY PRESSING SUBMIT, I AGREE THAT I HAVE READ, UNDERSTAND, AND 19 AGREE TO BE LEGALLY BOUND BY ALL OF THE ABOVE TERMS AND THE APPLICABLE TERMS OF THE ATTACHED EXHIBITS. 20 AGREED TO 21 BY: Alex Cudd Becker (3e53101e-d2c9-4fb1-af51-c61f37fab968) ON: October 01, 2018 01:32 22 IP: 73.223.154.203 23 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. Executed on July 8, 2020, in San Francisco, California. 26 27 _____________________________ Alex Becker 28 6 BECKER DECLARATION ISO MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Case No. CGC-20-584249 EXHIBIT 1 Gmail - [Action Required] Crucible Risk has invite... https://mail.google.com/mail/u/0?ik=5839bfded0... Alex Becker [Action Required] Crucible Risk has invited you to enroll in Justworks Crucible Risk Mon, Mar 13, 2017 at 9:33 PM Reply-To: joshua@cruciblerisk.com To: alcubecker@gmail.com Crucible Risk ACTION REQUIRED Hi Alex. Welcome to Justworks! Joshua Motta has invited you to receive payments through Justworks. Crucible Risk uses Justworks to help manage all HR-related needs for the company and for you. Use your unique link below to get started and begin receiving payments. S ET UP YOUR ACCOUNT Justworks is your one-stop shop to... Get paid Find your coworkers View your benefits 1 of 2 7/7/20, 5:28 PM Gmail - [Action Required] Crucible Risk has invite... https://mail.google.com/mail/u/0?ik=5839bfded0... If you have any questions, please contact Joshua at joshua@cruciblerisk.com Add support@justworks.com to your address book to ensure delivery to your inbox. This e-mail was sent to alcubecker@gmail.com as a result of an action that you or someone in your organization took. If you have questions, please contact support@justworks.com. Justworks, Inc. and its affiliates. 151 West 26th Street, Floor 12, New York, NY 10001. 2 of 2 7/7/20, 5:28 PM EXHIBIT 2 Pay date: 04/28/2017 Voucher ID: 6DF726BB-6905-4FA8-9224-A03EBE584617 Justworks Employment Group LLC 46-2283648 Employee ID: PEO for Coalition, Inc. 1160 Battery St PAY PERIOD START PAY PERIOD END Suite 350 04/16/2017 04/30/2017 San Francisco, CA 94111 (415) 429-3046 Office: San Francisco, CA Department: Engineering Alex Cudd Becker TIME OFF BALANCE Pay Rates: $ PTO Policy (if Unlimited we had one) Sick Leave Unlimited Policy PAYMENT SUMMARY Gross earnings Taxes and deductions Net pay: Direct deposit to USAA FEDERAL SAVINGS BANK XXXX GROSS EARNINGS TAXES WITHHELD DESCRIPTION CURRENT YTD DESCRIPTION CURRENT YTD Salary California State Disability Insurance TOTAL California Income Tax Medicare Social Security Federal Income Tax TOTAL PRE-TAX DEDUCTIONS AFTER-TAX DEDUCTIONS DESCRIPTION CURRENT YTD DESCRIPTION CURRENT YTD TOTAL 0.00 0.00 TOTAL 0.00 0.00 Justworks Employment Group LLC • 130 7th Avenue, Box #249 • New York, NY 10011 EXHIBIT 3 Gmail - [Action Required] Enroll in health insuran... https://mail.google.com/mail/u/0?ik=5839bfded0... Alex Becker [Action Required] Enroll in health insurance through Justworks Justworks Mon, Apr 17, 2017 at 8:00 AM To: alcubecker@gmail.com Crucible Risk Hi Alex, Good news! Your employer is offering you great benefits through Justworks. You’re now invited to enroll in medical, dental, and vision policies coverage. To enroll, sign into Justworks and visit the ‘Benefits’ section or click the link below. You’ll be prompted to enroll in coverage and have access to all the information you need. ENROLL N OW You have until 05/17/2017 to enroll in these benefits. If you do not enroll by this time or choose to decline coverage, you won’t be able to make any changes until next year’s open enrollment period, unless you have a qualifying life event. In addition to our standard explainers that you’ll see in your benefits center, you now also have access to a Summary of Benefits and Coverage (SBC) for each medical plan in your document center. As always, we are here to answer any questions. Please don't hesitate to check out our help center article or reach out to us by emailing support@justworks.com or calling 1-888-534-1711. Thanks, The Justworks Team 1 of 2 7/7/20, 5:29 PM Gmail - [Action Required] Enroll in health insuran... https://mail.google.com/mail/u/0?ik=5839bfded0... Add support@justworks.com to your address book to ensure delivery to your inbox. This e-mail was sent to alcubecker@gmail.com as a result of an action that you or someone in your organization took. If you have questions, please contact support@justworks.com. Justworks, Inc. and its affiliates. 151 West 26th Street, Floor 12, New York, NY 10001. 2 of 2 7/7/20, 5:29 PM EXHIBIT 4 Gmail - Confirmation of enrollment in coverage https://mail.google.com/mail/u/0?ik=5839bfded0... Alex Becker Confirmation of enrollment in coverage Justworks Wed, May 17, 2017 at 8:30 AM To: alcubecker@gmail.com Coalition Hi Alex, Congrats! You just signed up for medical, dental, and vision coverage. Here are the details: Medical: Aetna G1 Enrollees: Alex Cudd Becker Your monthly cost: $0.00 (automatically deducted from your paycheck pretax) Dental: Aetna Dental+ Enrollees: Alex Cudd Becker Your monthly cost: $0.00 (automatically deducted from your paycheck pretax) Vision: Aetna Vision+ Enrollees: Alex Cudd Becker 1 of 2 7/7/20, 5:31 PM Gmail - Confirmation of enrollment in coverage https://mail.google.com/mail/u/0?ik=5839bfded0... Your monthly cost: $0.00 (automatically deducted from your paycheck pretax) Effective date: 04/01/2017 To view your plan, as well as other benefits moving forward, you can always visit Your benefits in Justworks. This page should always have the most up to date information on your coverage and is where you can go to make updates to your coverage, such as adding or removing a dependent when you have a qualifying event. If you have any questions about your coverage or how to access your member ID, we're also here to help. Please don't hesitate to reach out to us by emailing support@justworks.com or calling 1-888-534-1711. Stay healthy, The Justworks Team Add support@justworks.com to your address book to ensure delivery to your inbox. This e-mail was sent to alcubecker@gmail.com as a result of an action that you or someone in your organization took. If you have questions, please contact support@justworks.com. Justworks, Inc. and its affiliates. 151 West 26th Street, Floor 12, New York, NY 10001. 2 of 2 7/7/20, 5:31 PM EXHIBIT 5 Gmail - Reminder! Enroll in benefits coverage by ... https://mail.google.com/mail/u/0?ik=5839bfded0... Alex Becker Reminder! Enroll in benefits coverage by 10/03/2018 Justworks Fri, Sep 28, 2018 at 1:30 PM To: alcubecker@gmail.com Coalition Hi Alex, You have 5 days left to enroll in health insurance for medical, dental, and vision coverage. Enroll in coverage in 5 minutes with our completely automated online service. If you feel like you already submitted your coverage choices for November 1, 2018 – October 31, 2019, then please return to your Benefits Center and make sure you've submitted your selections. (Hint: don't stop 'till the confetti drop!) C O MPLETE ENROLLMENT You have until 10/03/2018 to make health coverage selections and changes. If you don't complete your enrollment by the deadline, you and any dependent(s) currently covered on your health plans will be enrolled in the same plan as you have now. If this plan is not available, you and your dependents will be enrolled on the plan with the lowest premium available to you for the upcoming plan year. We strongly recommend submitting your plan selections before your enrollment window closes to make sure you’re satisfied with your medical, dental, and vision options. Need a little help? Health Advocate is ready Health Advocate is ready and at no extra cost to you! Health Advocate can help you understand plans and costs, find covered health physicians, and more. All you have to do is call call 866-695-8622 or email answers@healthadvocate.com. Learn more about their services here. As always, we are here to answer your questions. You can reach us at 1 of 2 7/7/20, 5:32 PM Gmail - Reminder! Enroll in benefits coverage by ... https://mail.google.com/mail/u/0?ik=5839bfded0... support@justworks.com or 1-888-534-1711. You can also check out our Resource Center to learn more. Thanks, The Justworks Team This e-mail was sent to as a result of an action that you or someone in your organization took. Add support@justworks.com to your address book to ensure delivery to your inbox. Justworks Inc. and its affiliates. 601 West 26th Street, Suite 400, New York, NY 10001. 2 of 2 7/7/20, 5:32 PM EXHIBIT 6 WORKSITE EMPLOYEE ACKNOWLEDGMENT 1. Introduction to Justworks​. Your Worksite Employer has entered into a contract with Justworks Employment Group LLC (“​Justworks​”) to assist Worksite Employer (defined below) with human resources related matters, such as payroll,workers’ compensation insurance, and employee benefits, as agreed upon between Justworks and Worksite Employer. Justworks willnot begin providing services with respect to your employment untilthe contract between Justworks and Worksite Employer becomes effective. Your Worksite Employer is Coalition, Inc., 590 Pacific Ave., San Francisco, CA 94133, 415-699-5669. The term "Worksite Employee" refers to you. 2. Your Worksite Employer​. You acknowledge that Worksite Employer, and not Justworks, is the primary employer, which means that Worksite Employer retains control of the worksite; supervises and directs your day-to-day work activities;provides the facilities and furnishes the equipment and supplies for your work, including personal protective equipment, if any is required to perform your job duties; determines your work schedule; monitors your workload and productivity; ensures that you are properly trained to perform your job safely; ensures that you are covered by an effective Injury and Illness Prevention Program, which it has established if applicable; and determines your rate of pay and job classification. 3. State-Specific Rules​. In order to provide its services, certain states require Justworks to reserve rights and/or commit to certain obligations with respect to your employment. If you work in one of the states in ​Exhibit A attached hereto and incorporated by reference as if fully set forth herein, the terms set forth for that state apply to you. 4. At-Will Status​. Your employment relationship with Worksite Employer remains at-will, which means it can be terminated by you or Worksite Employer with or without cause and with or without advance notice, unless you have a written employment contract with Worksite Employer providing you with something other than at-will employment with Worksite Employer. Regardless of the nature of your employment relationship with Worksite Employer, your status with Justworks can be terminated with or without cause and with or without advance notice. If your employment relationship with Worksite Employer ends, your status with Justworks will also end at that time. However, if your Worksite Employer and Justworks end their contract with one another, thereby terminating your status with Justworks, that event alone would not result in the termination of your employment relationship with Worksite Employer. 5. Justworks Benefits​. As a result of your Worksite Employer’s decision to use Justworks’ services, you may be eligible to participate in certain benefits provided by Justworks, while Worksite Employer has a contract with Justworks. The Plan Documents for such benefits will control your eligibility to participate in benefits and the extent of the benefits provided. 6. Worksite Employer Paid Time Off and Other Benefits​. In the event that Worksite Employer maintains policies providing paid time off from work, such as vacation, sick leave, PTO, or paid leave for specific reasons such as pregnancy, Worksite Employer is solely responsible for funding or determining eligibility for benefits under such policies. Justworks does not provide, and has no policy providing, vacation or other paid time off benefits, except to the extent required by law. To the extent paid time off benefits are paid through Justworks’ payroll, it is solely as an administrative service on behalf of Worksite Employer. Similarly, to the extent Worksite Employer provides other benefits pursuant to policies to which Justworks is not a party, such as severance pay, stock options, bonuses, profit sharing, retirement benefits, disabilityinsurance, and so forth,Worksite Employer issolely responsible for providing such benefits (or procuring the benefits from thirdparties). To the extent state or localpaid sick leave laws apply to you, Worksite Employer is responsible for providing such benefits both on behalf of Worksite Employer and on behalf of Justworks (to the extent Justworks has any obligations under such laws). By providing examples of potentialWorksite Employer benefits, this Acknowledgment does not create any right to such benefits or imply that any such benefits exist. 7. Discrimination, Harassment and Other Unlawful Treatment​. Worksite Employer is committed to providing equal employment opportunities to allWorksite Employees and applicants without regard to race, religion, color, sex (including childbirth,breastfeeding and related medical conditions),gender, gender identityor expression, sexual orientation,national origin,ethnicity, ancestry, citizenshipstatus, uniform service member and veteran status, marital status, pregnancy, age, protected medical condition, genetic information, disability,or any other protected status in accordance with allapplicable federal, state and local laws. Worksite Employer is also committed to providing a work environment that is free of unlawful harassment, discrimination, and retaliation and strictly prohibits all forms of unlawful harassment, discrimination and retaliation on the basis of any protected status in accordance with all applicable federal, state and local laws. Worksite Employer is also committed to complying with the laws protecting qualified individuals with disabilities, as well as Worksite Employees’ religious beliefs and observances. Worksite Employer will provide a reasonable accommodation for any known physical or mental disability of a qualified individual with a disability and/or Worksite Employees’ religiousbeliefs and observances to the extent required by law, provided the requested accommodation does not create an undue hardship for Worksite Employer and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the individual. These principles extend to all aspects of Worksite Employer’s employment practices, including, without limitation, recruiting, hiring, discipline, firing, promoting, transferring, compensation, benefits, training, leaves of absence, and other terms and conditions of employment. Justworks endorses these principles in its provisionof services. If you feel that you have been subjected to discrimination, harassment, retaliation,denied a legally-mandated leave, or experienced other unlawful treatment in your employment, or if you require an accommodation to perform the essential functions of your job and/or for your religious beliefs or observances, immediately contact your supervisor or another member of management at your Worksite Employer. ​If you do not feel comfortable contacting anyone at Worksite Employer, or ifyou feel that Worksite Employer has not adequately addressed your concerns, notify Justworks immediately. ​The accommodations referenced herein include,but are not limited to, lactation accommodation. Unlawful discrimination,harassment, and retaliationmay be further defined and discussed in separate policies, and if so, those have been or will be, provided to you. Please be certain you read and understand those policies. 8. Wage and Hour Compliance​. Although Justworks may process the payroll for your compensation and may assist Worksite Employer with other administrative matters involving your compensation, only your Worksite Employer is able to ensure that: all your hours of work are captured and reported correctly for payment; you are classified correctly as exempt or non-exempt; you are paid overtime if overtime is applicable to you; you are reimbursed for reasonable work-related expenses; and you receive the breaks to which you may be entitled. You agree that Worksite Employer has sole control of these topics, and that thereforeWorksite Employer is solely responsible for any claims you may have related to these topics. 9. Accidents and Injuries​. You should immediately report work related injuries or accidents, or unsafe working conditions to your supervisor, ​and contact Justworks if the situation is not timely addressed by your supervisor. ​You should immediately stop working if you feel your work area is unsafe. Additionally, if you are assigned work that you reasonably believe to be dangerous, you may refuse to do that work, and you should contact your supervisor. Worksite Employer reserves the rightto require post-accident/post-injurydrug and alcohol screening when permitted by law. Refer to the applicable drug and alcohol policy for more information on drug and alcohol screening. 10. Arbitration​. By clicking “I Accept” below, you, on the one hand, and Worksite Employer and Justworks, on the other hand, agree to use binding arbitrationas the sole and exclusive means to resolve alldisputes that may arise between you and Worksite Employer and/or you and Justworks, including,but not limited to,disputes regarding termination of employment and compensation. You specifically waive and relinquish your right to bring a claim against Worksite Employer and/or Justworks, in a court of law, and this waiver shall be equally binding on any person who represents or seeks to represent you in a lawsuit against Worksite Employer or Justworks in a court of law. Similarly, Worksite Employer and Justworks specifically waive and relinquish their respective rights to bring a claim against you in a court of law, and this waiver shall be equally binding on any person who represents or seeks to represent Worksite Employer or Justworks in a lawsuit against you in a court of law. You, Worksite Employer, and Justworks agree that any claim, dispute, and/or controversy thatyou may have against Worksite Employer (or its owners, directors, officers, managers, employees, or agents), or Justworks (or its owners, directors, officers, managers, employees, or agents), or that Worksite Employer or Justworks may have against you, shall be submitted to and determined exclusively by binding arbitrationunder the Federal ArbitrationAct (“​FAA​”).Included within the scope of this arbitration agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims brought under the Fair Labor Standards Act or any other similar state or local law or regulation,or claims of discrimination,harassment and/or retaliation, whether they be based on the Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act or any other similar local, state, or federal law or regulation), equitable law, or otherwise. The only exception to the requirement of binding arbitration shall be for claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for unemployment compensation benefits, claims for medical and disability benefits under state workers’ compensation law, or other claims that are not subject to arbitration under current law.However, nothing herein shall prevent you from filingand pursuing proceedings before United States Equal Employment Opportunity Commission or similar state agency (although if you choose to pursue a claim following the exhaustion of such administrative remedies,