Common use of Claims Not Covered By this Agreement Clause in Contracts

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; 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. 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; 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;; |US-DOCS\119733922.3|| 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. 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.