Flexer Employment Terms and Conditions 

Last updated February 21, 2022

Welcome to Indeed Flex, Inc. (“Flex”)! We are an online platform which connects businesses that are looking to engage temporary staff on an as-needed basis (each such business being the “Client”) with individuals who are looking for temporary employment opportunities (jeach such individual being a “Flexer”).

These Flexer Employment Terms (the “Flexer Employment Terms”)  set out the terms and conditions on which Flex will provide Flexers with the opportunity to provide temporary services to Clients and the terms and conditions on which those temporary services must be provided. These Flexer Employment Terms, along with the Flexer User License (accessible via the following URL https://indeedflex.com/user-license/ ), the terms of which are incorporated herein by reference, shall govern all Engagements undertaken by Flexers and use by Flexers of the Service (as defined below). Your employment is at-will, and may be terminated by you or Flex with or without notice, or cause. 

Flex reserves the right to change these Flexer Employment Terms at any time, in its sole discretion, by notifying you of such changes by any reasonable means, including by posting the latest version on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

 

  1. Definitions and Interpretation

The following definitions and rules of interpretation apply in these Flexer Terms of Service:

“Account” means the Flex account you open when you register to become a Flexer and use the Service;

“Affiliate” shall refer to any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;

“Assignment” means a description of the services required by that is posted by a Client on the Service, which includes without limitation the pay rates, times and locations for the performance of those services;

“Engagement” means a Client’s engagement of a Flexer via the Service to provide Flexer Services in respect of any Assignment; an Engagement may be comprised of a single Shift (as defined herein) or multiple Shifts;

“Flexer” means an individual employed by Indeed Flex, Inc. to perform Flexer Services as defined in these Flex Employment  Terms;

“Flexer Services” means the specific job duties to be performed by Flexers during the course of any Engagement;

“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary).  For Indeed Flex Inc., “Group Company” shall refer to any Affiliate under the common control of Recruit Holdings Co., Ltd.; 

“Hospitality Engagement” means an Assignment that includes or involves food and / or beverage preparation or service, hostessing or general housekeeping duties;

“Indeed Flex App” means Indeed Flex Inc.’s proprietary application through which Users may access and use the Indeed Flex Platform;

“Indeed Flex Platform” means the platform owned and operated by Indeed Flex Inc., accessed via the Indeed Flex App through which Flexers may be paired with and sourced by Clients;

“Rating” means the numerical start a Client has submitted about any Flexer in related to an Engagement; 

“Remote Work Arrangement” refers to an Assignment where Flexers work from a location other than Client’s place of business; 

“Shift” means one or more recurring periods in which a Flexer provides services in relation to a single Engagement; 

“Service” or “Services” means the services offered by Flex via the Indeed Flex Platform,Flex’s website, web application (accessible via the following URL https://indeedflex.com) and mobile applications (including the Indeed Flex App); and,

“User” means anyone (including but not limited to a Flexer or a Client) that registers for an Account.

In these Flexer Terms, headings (including any sections and subsections) are for convenience only and do not affect interpretation.

References to “you” or “your” are deemed to be  references to a Flexer.

 

  1. Your Relationship with Flex

(a)  Flex operates as a temporary staffing business.  By providing your electronic signature,  you agree to join the pool of Flexers who are eligible for Assignments. You acknowledge and agree that you are an employee of Flex and are not an employee of any Client by virtue of any Assignment(s), Engagement(s), or Shift(s) with any Client, or through any Flexer Services you perform and you are not entitled to any benefits provided by any Client to its direct employees.

(b)  Your employment with Flex is contingent upon the following: 

(i) successful completion of the required federal Form I-9 verifying that you are legally authorized to work in the United States;

(ii)  being free from any restrictions that might interfere with your ability to work for Flex;

(iii)  your agreement to abide by Flex’s policies and procedures; 

(iv) your agreement to these Flexer Employment Terms and the Flexer User License; and

(v) your agreement and execution of Flex’s Confidentiality, Proprietary Rights, and Arbitration Agreement.

(c)  You understand and agree that Flex will use reasonable means to confirm your identity and to verify that you have the required skills, qualifications, and experience to apply for Assignments and undertake Engagements with Clients. 

(d) You will provide Flexer Services to Flex Clients on an as-needed and temporary basis for specific Assignments. You will be eligible for Assignments based on your experience and skill set. The completion of a particular Assignment does not terminate your employment with Flex.

(e)  Nothing contained in these Flexer Employment Terms is intended to express or imply a contract of employment or a guarantee of employment for any definite period of time or number of Assignments.  Your employment with Flex is on an at-will basis.  This means that either you or Flex have the right to terminate the employment relationship at any time, with or without cause or notice. Your at-will employment relationship cannot be changed by any oral representation, written document, or other conduct, unless such change is specifically acknowledged in writing by Flex’s HR Team.

(f)  Your compensation for any Flexer Services you perform will be on a per-hour basis, less lawful deductions and withholdings, paid on a weekly basis for shifts completed one week prior. Your position is classified as “non-exempt” under the law, and you are therefore eligible for overtime pay as required by applicable law.

(g)  Flexers working Hospitality Engagements:  Clients are required to pay any earned tips / gratuities directly to you, in cash, prior to the end of your Shift.  By accepting a Hospitality Engagement, you agree to sign any Client-provided documentation confirming the total amount you received in cash for that Shift and to provide a copy of such documentation to Flex using the [email protected]. You agree that you are solely responsible for any tax consequences that may arise due to gratuities not reported to Flex. 

(h) Flexers working Remote Engagements:  Flexers working Remote Work Engagements must perform the Assignment from the address given as their home address. In the event you wish to perform the Assignment from a different location, you must obtain Flex’s express written permission before doing so. If you perform the Assignment from a different location without Flex’s express written permission, you may be subject to discipline, up to and including termination. 

 

  1. Terms of Assignments

(a) Flex does not review, approve, recommend, guarantee or verify any of the credentials, licenses or statements in relation to Assignments posted by Clients on its Services. You acknowledge that Clients may post Assignments on behalf of Client’s customers and Flex does not review, approve, recommend, guarantee or verify any of the credentials, licenses or statements in relation to Assignments for Client’s customers.   Flex shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.

(b) In respect of each Engagement, you shall act according to the guidance and direct supervision of the Client for the duration of each Engagement. Flex and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Clients.

(c)  At the time when an Assignment is available for a Flexer to view, Flex  will (but is not obligated to) provide Flexers with the following information:

(i) the identity of the Client, and if applicable the nature of its business;

(ii) the date on which the Client requires the Flexer to commence work and the duration, or likely duration, of that work;

(iii) the position which the Client is seeking to fill, including the type of work, the location, the hours during which the Flexer would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;

(iv) the hourly rate at which the Flexer would be paid;

(v) the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law, or any professional body, for the Flexer to possess in order to work the Assignment; and

(vi) any expenses payable by or to the Flexer.

(d)  When you apply for an Assignment, you must provide the requested information regarding your experience, training and qualifications which have been identified by the Client as necessary for the Assignment. In applying for an Assignment, you represent and warrant that you have the experience, training and qualifications required by the Client and  that you are willing and able to carry out the Assignment.

 

  1. Accepting Engagements

(a) You are not obliged to apply for any Assignment and, upon applying for an Assignment, you are not obliged to accept any subsequent Engagement. Similarly, Flex is not obligated to make any Assignments available to you and is not obligated to ensure that Clients offer you Engagements.

(b) Prior to commencement, you may cancel an Engagement (or the first Shift of an Engagement, if multiple Shifts); however, Engagements canceled with less than twenty-four (24) hours notice may subject you to disciplinary consequences (please see Section 9 (“Attendance”).

 

  1. Confirming and Performing Engagements

(a) For each Shift and/or Engagement you accept, Flex requires you to confirm that you will be attending. All shifts must be confirmed via Flex’s mobile application.

(i) For each Shift and/or Engagement booked more than 48 hours ahead of the scheduled start time, you will receive a reminder notification and be  required to confirm via Flex’s mobile application. If you do not confirm your shift more than 24 hours before your scheduled Shift start time you will automatically be removed from the Shift.

(ii) By accepting any Shift within 48 hours of the scheduled Shift start time you are deemed to have confirmed your attendance for the Shift.

(b)  Upon accepting an Engagement you confirm that:

(i) you expect to be able to carry out the necessary duties and responsibilities of the Engagement;

(ii) you will cooperate with the Client’s lawful and reasonable instructions and will accept the direction and supervision of any responsible person within the Client’s organization;

(iii) you will observe and obey any of the Client’s relevant rules, policies and/or regulations including, without limitation, the Client’s health and safety policies;

(iv) you will abide by the Client’s uniform and conduct rules (if any);

(v) you will take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions whilst you are performing the Engagement;

(vi) you will serve the Client to the best of your ability at all times during your Shift and/or Engagement;

(vii) you will not engage in any misconduct or behavior which is detrimental to the interests of Flex or the Client. This includes any actions that could bring Flex or the Client into disrepute and/or which could result in loss of business for either party; and

(viii) you will promptly notify Flex if you believe you have experienced any discriminatory harassing or otherwise unlawful behavior while performing the Engagement. 

(c) You will be required to perform the Engagement or Shifts at the location specified in the applicable Assignment or at such other location as Flex may instruct. Your expenses of traveling to the specified work location will not be reimbursed unless otherwise specified in the Assignment or agreed with Flex in writing.

(d) You are required, when performing an Engagement or Shift, to be dressed in clean work clothes / uniform and to be tidy in appearance.  You must comply with any health code requirements (e.g., hair net or otherwise).

(e)  If, either before or during the course of an Engagement, you become aware of any reason why you might not be suitable for the Engagement, you must notify Flex without delay.

(f) By providing Flex your mobile phone number in addition to any other consent you have given to Flex, you confirm that you are the primary user and subscriber to the telephone number entered, and you agree to receive calls (including using artificial or pre-recorded voice), and texts from Flex. When you give Flex your mobile number, you understand that such mobile number is integral to your role as a Flexer and for your performance of Flexer Services. We may place such calls or texts to (i) notify you regarding any of your Engagements or upcoming Shifts; (ii) notify you of results or feedback regarding your performance of Flexer Services; (iii) troubleshoot problems with your Account; (iv) resolve a dispute; or (v) as otherwise necessary to facilitate performance of Flexer Services. To revoke consent at any time, contact your Flex supervisor.  Flex may require you to provide alternative methods for contacting you. You may also revoke your consent by terminating your Flexer Account. 

(g) Flexers are not authorized or permitted by Flex to enter into any contracts with Clients purporting to be made by or on behalf of Flex, or to make any statements or representations to the Client purporting to be made by or on behalf of Flex and/or receive loans or advances on wages from the Client.

(h) If and when you ask Flex to transmit a message through the Service, you understand that this is without warranty, as Flex cannot guarantee that the message will be delivered, received, read, accessed or acted upon, and that Flex reserves the right to reformat such message.

 

  1. Pay – General  

(a) You will be paid in accordance with the hourly rates set out in the terms of your Engagement, as agreed between you and the Client (the “Pay”) subject to deductions or taxes in accordance with applicable laws.

(b) The Pay shall never be less than the minimum hourly rates set by law.

(c) Subject to your compliance with Flex’s timekeeping procedures set out in Section 8, the Pay will be made to the account and financial institution chosen by you. Flexers are paid weekly, regardless of whether Flex has received payment from the Client for those hours.

(d) Where, pursuant to the terms of an Engagement, the Client has agreed to reimburse a Flexer for certain expenses (for example, food and travel), claims for such expenses must be made within 48 hours of completing the Shift/Engagement in respect of which the expenses were incurred. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.

(e) Flex reserves the right, the extent allowed by and in accordance with applicable law, to make deductions from any payments due to you from Flex for any sums owed by you to Flex, including but not limited to any overpayment in respect of previous Engagements, any other deductible expense or cost.

(f) Subject to any applicable statutory entitlement, you are not entitled to receive payment from Flex or the Client for time not spent working on the Engagement, whether in respect of holidays, illness or absence for any other reasons.

 

  1. Pay – Corrections 

You are responsible for reviewing your pay stub when you receive it to make sure it is correct. If you believe a mistake has occurred (such as improper deductions, inaccurate hours worked, inaccurate pay rate, or any other error), or if you have any questions, you must contact Flex immediately at [email protected] . Reports will be investigated immediately. If Flex determines that a mistake was made, it will be corrected and you will be paid promptly. Any employee who makes a report to Flex in good faith, or who files or participates in any government action related to their compensation or timely payment of wages, will not be subject to retaliation, discipline, or any other manner of discrimination because of such action.

 

  1. Pay – Timesheets 

(a) For each Shift and/or Engagement you work, Flex requires you to submit timesheets. This is to ensure that Flex has an accurate record of the hours you have spent working and, therefore, can correctly calculate the pay due to you. It is your responsibility to accurately and completely document your time worked. Time worked is any time during the work day that you perform work on behalf of Flex, including on assignment with a Client. The work day is defined as the 24-hour period starting at 12:00 am and ending at 11:59 pm. The work week covers seven consecutive days beginning on Monday and ending on Sunday. 

(b) All timesheets are generated via the Indeed Flex Platform as follows:

(i) at the beginning of each Shift you must “clock in” using the mobile application to register your start time by ensuring that the Client scans the QR code found on your booking; and

(ii) at the end of each Shift you must “clock out” using the mobile application to register your finishing time by ensuring that the Client scans the QR code found on your booking.

(c) If the Client is unable to scan your QR Code or refuses to do so at the beginning of your Shift, you must contact us immediately via Live Chat.

(d) If, for any reason you cannot “clock in” and “clock out” using the mobile application at the beginning and end of a shift, Flex will allow a grace period of up to four hours after the scheduled end time of your Shift. If you fail to provide this information by the conclusion of this grace period, Flex will pay you for the hours worked, but reserves the right to suspend your use of the Services.

(e) Do not start work early, finish work late, work during a meal period, or perform any other extra work unless you have been authorized to do so. You are strictly prohibited from performing any off-the-clock work. “Off-the-clock” work means work you perform but do not report as time worked. It is a serious violation of Flex policy for anyone (e.g. employees, managers, Clients) to encourage or instruct you to perform any work without reporting that time. It is a strict violation of Flex policy to under-report, over-report, or otherwise falsify your own or another employee’s time entries (or encourage someone else to do so).  Employees who work off the clock may be subject to discipline, up to and including termination. Employees are required to report any instruction by managers to perform such off-the-clock work to Flex. Any employee that makes such a report in good faith will not be subject to retaliation or discipline.

(f) In the event that you disagree with a timesheet, please Contact Us at [email protected] within 48 hours of receiving your pay-slip to lodge a dispute with Flex and to state what you consider to be the correct times. Flex will consult with the Client in an attempt to resolve the dispute and will confirm the outcome to you in writing.

(g) Failure to comply with these time recording procedures may result in a delay in payment to you as we investigate (in a timely fashion) the hours you worked. 

 

  1. Attendance 

(a) Flex takes punctuality for Engagements very seriously. We encourage you to plan your journey ahead leaving room for delay. Once you arrive, report to a manager/supervisor so you can clock in and generate a timesheet. If you are going to be late for a Shift, please contact Flex on Live Chat so that we can notify the Client.

(b) If you arrive at a Shift late, the Client is entitled to send you home and you will not be paid for the Shift, unless otherwise prohibited by law. Furthermore, if you are reported to Flex as being over 10 minutes late on two or more occasions without a valid excuse, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session to regain access to the Services.

(c) If you accept an Engagement which you are subsequently unable to attend, you must notify Flex immediately by canceling the Engagement via the Service. If you cancel a Shift or an Engagement less than 24 hours (but more than 30 minutes) before that Shift or Engagement is due to start you will receive a “strike”.  If you receive three strikes, Flex reserves the right to suspend your use of the Services and / or require you to attend another onboarding session. 

(d) Flex understands that sometimes plans change and that you may need to cancel a shift within 24 hours. You may work off your first or second strikes by completing 10 shifts without obtaining any further strikes.

(e) If a Shift or Engagement is canceled by the Client, Flex will take reasonable steps to give you as much notice as possible. If a Shift or Engagement is canceled by the Client less than 24 hours before that Shift or Engagement is due to start, you may be paid compensation of up to 4 hours’ Pay, in accordance with applicable law. The payment of compensation will be determined by Flex acting in its sole discretion.

(f) If you fail to attend your booking without notifying Flex, you may be subject to discipline up to and including termination.  If you cancel the Engagement via the Service less than 30 minutes before that  Shift or Engagement is due to start, you may be subject to discipline up to and including termination and Flex may prevent you from using the Services, to the extent permitted by applicable law.

 

  1. Personal Possessions

Neither Flex nor Clients will be responsible for your personal belongings. Please ensure that you keep your personal possessions secure. You are advised not to take any items of value with you to Shift or Engagement. Please note that Clients have the right to ask to search your bags on their premises.

 

  1. Feedback and Ratings

(a) By using the Services, you agree to be given feedback on your performance by Clients for whom you have provided services. Clients may provide general feedback and/or role-specific feedback based on their interactions with you during each Engagement. Feedback will be attributed to your Flex Account.

(b) You acknowledge that Ratings will consist exclusively of a numerical star rating on a scale of 1-5 left by Clients, and that your overall Rating will be attributed to your Flex Account and displayed in the Flex app and website.

(c) You understand that Clients can view your Rating as part of Flex services and that your rating may be considered as part of their worker selection. Clients consider your Rating at their own discretion. 

 

  1. Food Hygiene 

Flex is committed to the highest standard of health and hygiene. You must immediately notify Flex if you are suffering from an illness or condition that prevents you from working with food. You agree that, for the duration in which you are suffering from any such illness or condition, you will not apply for any Assignments or perform any Engagements / Hospitality Engagements or Shifts which require you to work with food.

  1. Flexer Code of Conduct

(a) Respect for Employees:  Below is a non-exclusive list of behaviors that Flexers must exhibit. If you are asked to leave a Shift/Engagement for behaviors that are contrary to those identified below, you will not be paid for the remainder of the Shift/Engagement. 

(i)  We respect all Flex employees, Client employees, and all others we come into contact with through our work, without regard to their position or level within any organization.

(ii) We create a workplace where we feel free to express our opinions and to raise questions and concerns in a safe and supportive environment, without fear of harassment, retribution or retaliation or threats by peers or managers. We do not harass fellow employees of Flex or employees of a Client, or anyone else with whom we come into contact through our work, for expressing their opinions and questions and concerns.

(iii) We ensure all working relationships are professional in nature and do not allow personal relationships to cause, or appear to cause, any conflicts or conflicts of interest with Flex or any Client. 

(iv) We respect the physical safety of each other and all individuals with whom we work. To that end, we agree that no firearms or weapons of any description may be brought onto any Flex property or any Client’s property, except by an authorized law enforcement officer. 

(v) No form of workplace violence will be tolerated. “Workplace” includes Flex’s and Clients’ locations, both physical and through any communications systems. Employees who witness any workplace violence should report it immediately. Examples of workplace violence include, but are not limited to: making threatening remarks (written or verbal); aggressive or hostile acts such as shouting, using profanity, throwing objects at another person, fighting, or intentionally damaging property; behavior that creates a reasonable fear of injury, such as stalking or assault. If you become aware of a violent act, an imminent violent act, or threat of an imminent violent act, immediately contact appropriate law enforcement and inform Flex of the situation. 

(vi) We have strict standards regarding substance abuse as set forth more fully in Flex’s Drug-Free Workplace Policy, which is presented to each worker upon commencement of their employment with Flex. Employees may not be impaired by alcohol, illegal drugs, medically-prescribed controlled substances (including cannabis), or non-medically prescribed controlled substances at work or during any job-related activity or event. Employees may not use or possess illegal drugs, medically-prescribed cannabis, or non-medically prescribed controlled substances at the workplace or while engaged in any job-related activity or event. We reserve the right to take all necessary steps to identify Employees who are believed to be impaired by illegal drugs, alcohol, or medically or non-medically prescribed controlled substances at work or during any job-related activity or event, including reasonable suspicion drug testing and post-accident drug testing, in accordance with applicable law and Flex’s Drug-Free Workplace Policy.

(vii)  We actively encourage every Flex employee to recognize and report any concern about possible illegal or unethical behavior and we ensure that such reports made in good faith will be investigated responsibly and without retaliation and acted upon if necessary. Flexers should submit such reports to [email protected] .

(b)  Respect for Flex and Client Companies: Below is a non-exclusive list of behaviors that Flexers must exhibit. If you are asked to leave a Shift/Engagement for behaviors that are contrary to those identified below, you will not be paid for the remainder of the Shift/Engagement.

(i)  We use, protect, and preserve assets and systems, including business opportunities and intellectual property, for the benefit of Flex and Clients and not for our personal benefit.

(ii) We do not use or bring to Flex or a Client site any proprietary materials belonging to any former employer.

(iii) We respect all contracts signed with our former employers, including non-solicitation agreements and non-competition agreements. 

(iv) We report honestly and accurately to our managers and supervisors, to Flex, and to Clients, and strive to make our intentions in work clear to fellow workers of Flex or Clients.

(v)  We follow all Flex guidelines and policies.

(vi) We treat Clients, Clients’ customers, all vendors, and anyone else we come into contact with through our work, in the way we wish to be treated, with respect and fairness.

(vii) Remember to contact Flex if you have any questions about any activity you believe might violate this Code of Conduct or any other Indeed Flex policy or guideline. 

(c) Misconduct: Below is a non-exclusive list of behaviors that may result in discipline, up to and including dismissal from a Client assignment or termination of employment with Flex. If you are asked to leave a Shift/Engagement for any of the behaviors identified below, you will not be paid for the remainder of the Shift/Engagement.

(i) Falsification of, or dishonesty within, any employment related documents.

(ii) Unless prohibited by applicable law, refusal to take a requested drug test or a positive result from drug screen (one inconclusive home screen and one lab-confirmed positive lab test, without medical explanation).

(iii) Contacting a Client without prior authorization from Flex.

(iv) Use of a mobile phone, smartphone, or any other communication device during working hours, except as required for clocking in and out of an assignment and other assignment related issues.

(v) Failure to comply with Flex’s policies or a Client’s policies, if provided.

(vi) The wilful failure to follow lawful management instructions or guidelines.

(vii) Unprofessional or inappropriate conduct on assignment or toward Flex’s team of representatives, including insubordination.

(viii) Theft or fraud.

(ix) Discrimination, bullying, or harassment.

(x) The use of Client facilities and equipment for personal reasons.

(xi) Damage to property belonging to or in the possession of the Client or of other service providers.

(xii) Use of, or impairment by, alcohol or illegal drugs including cannabis or non-medically prescribed controlled substances at work or during any job-related event or activity.

(xiii) Smoking in the workplace.

(xiv) Abusive behavior, physical violence, or assault.

(xv) Swearing or abusive language. 

(xvi) Being rude or discourteous to the Client, its customers, or any other person.

(xvii) Possession of a weapon on your person at work or during any  job-related event or activity.

(xviii) Conduct that foreseeably endangers persons or property.

 

 

  1. Privacy

(a) Data Privacy: Flex recognises the importance of respecting the personal privacy of all its Flexers.  During the term of this contract, it will be necessary for Flex to retain and process your personal data in the performance of Flex’s obligations to you as an employer and as a service provider to our Clients. You acknowledge and agree that you have reviewed a copy of the Indeed Flex Privacy Policy which is available on  https://hrtechprivacy.com/brands/indeedflex  and that your personal data will be processed as outlined therein. You also consent to Flex making such information available to Flex’s Group Companies, those who provide products or services to Flex (such as advisers), regulatory authorities, governmental or quasi-governmental organizations and potential purchasers of Flex or Flex Group Companies or any part of its business.

(b) Security: If you have accepted an Engagement for which a Client requires additional information about you for security purposes, Flex reserves the right to pass on necessary details to the Client, to the extent permitted by law. By using the Services you agree to provide a photograph of yourself which may be used for security purposes.

(c) Photographs: In addition to providing a photograph for the purposes of security, by using the Services you also agree that you allow photographs of you and any photos and video footage of Engagements at which you have worked to be published on Flex’s website and used in other marketing materials which may be produced by Flex.

(d) Video Surveillance: By accepting employment with Flex, you agree to and acknowledge the following:

(i) All desks, storage areas, lockers, and all vehicles owned, financed, or leased by Flex or its Clients are subject to search at any time without your knowledge, presence, or permission. With the exception of your personal vehicle, you are prohibited from locking or otherwise securing any such desk, storage area, locker, or vehicle with any lock or locking device not supplied or approved by Flex or the Client. If you use your own lock on any such item, you must give your supervisor a copy of the key or combination to the lock so that Flex or the Client may open the lock at any time that it may deem such action necessary.

(ii) In order to promote the safety of employees and visitors, as well as the security of facilities, Flex or the Client may conduct video surveillance of any portion of its premises at any time, the only exception being private areas of restrooms, showers, and dressing rooms, and video cameras may be positioned in appropriate places within and around Flex and Client buildings and used in order to help promote the safety and security of people and property. 

(iii) You hereby release Flex and its Clients from all liability, including liability for negligence, associated with the enforcement of these policies and/or any searches or surveillance undertaken pursuant to these policies.

 

  1. Termination 

(a) If Flex determines, in its sole discretion, that a Flexer Account is inactive, Flex reserves the right to deactivate the inactive profile from the Services and archive such profile from Flex’s online platform.  

(b)  If you have a medical, family-related, or other legitimate reason for which you need to be inactive for more than one month, contact us to discuss.  You will always be granted any and all leave to which you are entitled under the Federal Family and Medical Leave Act (“FMLA”) or any applicable sick leave laws.  If you do not qualify for FMLA leave or sick leave, Flex will discuss your circumstances with you and may grant unpaid leave in any amount of days or months in Flex’s sole discretion subject to its legal obligations.  If Flex approves a leave period of more than one month, Flex will archive your profile from Flex’s online platform and then republish it on the online platform once your leave is complete.

(c) Your employment is at-will, and may be terminated by you or Flex with or without notice, or cause.

 

  1. US Work Authorization 

Employment with Flex is contingent upon verification of your right to work in the United States as demonstrated by your completion of the Form I-9 and your submission of acceptable documentation (as noted on the Form I-9) verifying your identity and work authorization. The selection of which documents to present is yours to make. If the Form I-9 is not properly completed within the required time frame, per Federal Law, your employment will be terminated and the offer withdrawn. Flex participates in E-Verify, a federal government system used to verify the employment authorization and social security number of each new employee.

 

  1. Workers’ Compensation 

(a) Workers’ Compensation is defined by a set of rules determined by each state which outlines benefits to employees who have sustained work-related injuries or illnesses within the course and scope of their employment. The laws provide for payment of medical bills for treatment related to work injuries and illnesses, as well as statutory wage benefits for employees who lose time from work.

(b) Flex will work with its Workers’ Compensation insurance provider to process and handle all Workers’ Compensation claims and information.      

(c) NOTICE TO EMPLOYEES CONCERNING WORKERS’ COMPENSATION. Required notices concerning workers’ compensation are provided to you within the Indeed Flex App. You agree to review such notices and raise any questions you may have with your Indeed Flex representative. Flex has workers’ compensation insurance coverage from Wesco Insurance Company (unless otherwise notified in the required notices made available to you) in the event of work-related injury or occupational disease. This coverage is in effect and renews each year on August 1. 

(d) When a Flexer is involved in a serious incident while on assignment at a customer worksite, 911 should be contacted immediately for an emergency response. Concurrently, a Flexer or a person acting on the Flexer’s behalf must notify Indeed Flex of an injury or occupational disease as soon as possible and in accordance with applicable state law by contacting [email protected] or (737) 443-3399. Please be sure to include the following information when reporting an incident: name and contact information of the reporter; name and contact information of the Flexer(s) involved (if different from the reporter); and a general description of the incident/injury (where, when, and what happened). A delay in the notification to Indeed Flex may result in the denial of coverage, unless the appropriate workers’ compensation agency determines that good cause existed for failure to provide timely notice. Contact information for your state’s workers’ compensation agency can be found in the Indeed Flex app. Indeed Flex does not suspend, terminate, discriminate, or retaliate against any employee because he or she in good faith files a claim for workers’ compensation or reports an alleged occupational health or safety violation.

 

  1. Equal Opportunity and Accomodation

(a) Equal Opportunity: It is Flex’s policy to ensure that no Flexer is discriminated against, harassed, or retaliated against as a result of their race, sex, disability, age, sexual orientation, religion, belief or ethnic, national origin, or any other protected ground. If you violate this policy, you may be subject to discipline up to and including termination.  If you believe anyone at Flex, at a Client, or otherwise related to your employment with Flex has violated this policy with regard to you or anyone else, please immediately report that to us, and we will investigate and take appropriate action.  Please note, all Flexers are required to acknowledge and comply with Flex’s Anti-Harassment and Anti-Discrimination policy as a term and condition of employment.

(b) Reasonable Accommodations Under the Americans With Disabilities Act (ADA)

(i) Flex is committed to complying fully with all federal and state laws concerning the employment of persons with disabilities, and to ensuring equal opportunity in employment for qualified persons with disabilities. Flex does not discriminate against applicants or employees with disabilities and is committed to working with our Clients, with whom we place our employees on assignments, to offer reasonable accommodations to qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment.

(ii) Reasonable Accommodation: Flex, working with our Clients, provides reasonable accommodations to qualified individuals with a disability to enable them to perform the essential functions of their job, unless doing so would cause a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation, or unless the accommodation creates an undue hardship for the operations of Flex and/or the Client. 

(iii) Process for Requesting an Accommodation:

(1) If you currently have a disability or become disabled during your employment, and as a result believe you need an accommodation to enable you to perform the essential functions of your job, you are responsible for requesting an accommodation. You can reach out directly to Flex at [email protected] to make the request. 

(2) To request an accommodation, an employee must:

– Notify [email protected](in writing is preferred) of the need for an accommodation 

– Flex (or its designee) will engage with you to identify the necessary information and evaluate the requested accommodation

– In most instances, an employee will be required to provide supporting medical documentation related to the requested accommodation.

– If you do not receive a response after requesting an accommodation, please follow up.

(iv) Determinations

(1) Flex makes determinations about reasonable accommodations on a case-by-case basis considering various factors and based on an individualized assessment of each situation, including an assessment of the essential functions of the position. 

(2) Flex strives to make determinations on reasonable accommodation requests expeditiously, and will inform you once a determination has been made. 

(3) If you have any questions about an accommodation request you have made, please contact [email protected] 

(v) No Retaliation: Individuals will not be retaliated against for requesting an accommodation. Flex expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith. Flex is committed to enforcing this policy and prohibiting retaliation against employees and applicants who request an accommodation in good faith. However, the effectiveness of our efforts depends largely on individuals telling us about inappropriate workplace conduct. If employees or applicants feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately at www.indeedflex.com/complaints. If employees do not report retaliatory conduct, Flex may not become aware of the possible violation of this policy and may not be able to take appropriate corrective action.

 

  1. Rights and Benefits

(a) Breaks: Unless otherwise required by applicable law, you are not entitled to any specific breaks during a Shift, but, if a Client provides a break of 20 minutes or less, you must be paid for that time.  You are also not entitled to a meal break, unless required by applicable law, but if a Client offers one it must be at least 30 minutes and you must not be asked or allowed to perform any duties during that time.  For a meal break of this type, the Client may legally deem this uncompensated time, for which you are not paid.  Flex cannot guarantee that the Client will provide any food, drink or other refreshments, so you are advised to take your own.

(b) Health Insurance: At this time, Flex does not offer a health insurance plan. The following information is provided by, and at the request of, the U.S. Department of Labor

(i) Health Insurance Marketplace Coverage Options and Your Health Coverage.

(1) PART A: General Information:

Key parts of the federal Affordable Care Act took effect in 2014, and created a new way to buy health insurance: the Health Insurance Marketplace. To assist you as you evaluate options for you and your family, the notice in this section provides some basic information about the Marketplace and employment-based health coverage offered by your employer.

What is the Health Insurance Marketplace? The Marketplace is designed to help you find health insurance that meets your needs and fits your budget. The Marketplace offers “one-stop shopping” to find and compare private health insurance options. You may also be eligible for a tax credit that lowers your monthly premiums right away. 

Can I Save Money on my Health Insurance Premiums in the Marketplace? You may qualify to save money and lower your monthly premium, but only if your employer does not offer coverage, or offers coverage that doesn’t meet certain standards. The savings on your premium that you’re eligible for depends on your household income.

Does Employer Health Coverage Affect Eligibility for Premium Savings through the Marketplace? Yes. If you have an offer of health coverage from your employer that meets certain standards, you will not be eligible for a tax credit  through the Marketplace and may wish to enroll in your employer’s health plan. However, you may be eligible for a tax credit that lowers your monthly premium, or a reduction in certain cost-sharing if your employer does not offer coverage to you at all or does not offer coverage that meets certain standards. If the cost of a plan from your employer that would cover you (and not any other members of your family) is more than 9.5% of your household income for the year, or if the coverage your employer provides does not meet the “minimum value” standard set by the Affordable Care Act, you may be eligible for a tax credit. 

Note: If you purchase a health plan through the Marketplace instead of accepting health coverage offered by your employer, then you may lose the employer contribution (if any) to the employer-offered coverage. Also, this employer contribution — as well as your employee contribution to employer-offered coverage — is often excluded from income for Federal and State income tax purposes. Your payments for coverage through the Marketplace are made on an after-tax basis.

How Can I Get More Information? For more information from your employer, please contact [email protected].

The Marketplace can help you evaluate your coverage options, including your eligibility for coverage through the Marketplace and its cost. Please visit HealthCare.gov for more information, including an online application for health insurance coverage and contact information for a Health Insurance Marketplace in your area.

(2) PART B: Information About Health Coverage Offered by Your Employer. This section contains information about any health coverage offered by your employer. If you decide to complete an application for coverage in the Marketplace, you will be asked to provide this information. This information is numbered to correspond to the Marketplace application.

Employer name: Indeed Flex, Inc.

Employer Identification Number (EIN): 85-0568068

Employer address: 6433 Champion Grandview Way, Austin, Texas 78750

Employer phone number: None

City: Austin

State: Texas

ZIP code: 78750

Who can we contact about employee health coverage at this job? [email protected]

Phone number: None

Email address: [email protected]

Here is some basic information about health coverage offered by Flex:

– As your employer, Flex does not currently offer a health plan to employees.

– With respect to dependents, Flex does not offer coverage.

– [This section of Notice intentionally left blank by employer because inapplicable.]

– If you decide to shop for coverage in the Marketplace, HealthCare.gov will guide you through the process. Here’s the employer information you’ll enter when you visit Healthcare.gov to find out if you can get a tax credit to lower your monthly premiums:  (1) Flex employees are not currently eligible for coverage and will not be eligible in the next 3 months. Flex does not currently offer health insurance; (2) Flex does not offer a health plan that meets the minimum value standard; (4) [This section of Notice intentionally left blank by employer because inapplicable.]; (5) Flex is working to offer health insurance in the near future but has not yet chosen a specific plan and does not yet know the exact date that coverage will be implemented or offered. 

(c) Family and Medical Leave Act (“FMLA”):  Employee Rights under the Family and Medical Leave Act of the United States Department of Labor Wage and Hour Division

(i) Leave Entitlements:  Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12 month period for the following reasons:

      1. The birth of a child or placement of a child for adoption or foster care;
      2. To bond with a child (leave must be taken within one year of the child’s birth or placement);
      3. To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
      4. For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
      5. For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
      6. An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.
      7. An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.
      8. Employees may choose, or an employer may require, use of any accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

(ii) Benefits & Protections

(1) While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.

(2) Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

(3) An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

(4)Eligibility Requirements: An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:

– Have worked for the employer for at least 12 months;

– Have at least 1,250 hours of service in the 12 months before taking leave; and

– Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

(iv) Requesting Leave

(1) Generally, employees must give 30-days advance notice of the need for FMLA leave. If it is not possible to give 30-days notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.

(2) Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

(3) Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

(v) Employer Responsibilities

(1) Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.

(2) An employer must notify employees if leave will be designated as FMLA leave, and, if so, how much leave will be designated as FMLA leave.

(vi) Enforcement

(1) Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.

(2) The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

(vii) For additional information or to file a complaint:

1-866-4-USWAGE

(1-866-487-9243) 

TTY: 1-877-889-5627

www.dol.gov/whd

U.S. Department of Labor – Wage and Hour Division

  1. Disputes between Flexers and Clients 

You acknowledge and agree that in the event that a dispute arises between you and any Client in relation to any Assignment/Engagement/Shift you will contact us at [email protected] before taking any action. Further, you agree to abide by the terms of the Indeed Flex Confidentiality, Proprietary Rights, and Arbitration Agreement.

 

  1. Liability 

(a) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.

(b) We will not be liable to you for any unavailability or failure of the Service or our services. We will not be liable to you for any failure by us to comply with these Flexer Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including your participation in any of the Engagements). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from Clients in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.

(b) We will not be liable to you for any unavailability or failure of the Service or our services. We will not be liable to you for any failure by us to comply with these Flexer Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including your participation in any of the Engagements). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from Clients in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.

(c) Flexers engaged via the Service perform the Engagements under the direction and supervision of the Client.

 

  1. Indemnity 

Flexers hereby acknowledge and agree to indemnify and keep indemnified Flex, each of Flex’s Group Companies, and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your negligence, misrepresentation, or breach of these Flexer Employment Terms, or your infringement or alleged infringement of any law or the rights of a third party in the course of an Engagement and/or using the Service.

 

  1. Other Important Terms 

(a) In the event of conflict between these Flexer Employment Terms  and the Flex Privacy Policy, the following order of precedence shall apply: (i) the Flex Privacy Policy, accessible via URL https://hrtechprivacy.com/brands/indeedflex ; and (ii) these Flex Employment Terms .

(b) If any provision of these Flexer Employment Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section shall not affect the validity and enforceability of the rest of these Flexer Employment Terms.

(c) This contract is between you and Indeed Flex, Inc. Save for Flex’s Group Companies and the officers, directors, agents and employees of Flex and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.

(d) You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that Flex may assign or transfer any of Flex’s rights or obligations under these terms.

(e) If Flex delays exercising or fails to exercise or enforce any right available to it under these Flexer Employment Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Flexer Employment Terms.

(f) Flex may suspend, withdraw, discontinue or change all or any part of the Service without notice.  You agree to take such measures necessary to maintain access to the Service, including creating and maintaining user accounts. You also agree to the Flexer User License (accessible via URL https://indeedflex.com/user-license/), the terms of which are incorporated herein by reference

(g) These Flexer Employment Terms, and any documentation referenced within them, together with the Flexer User License (and any amendments thereto), the EEO Harrasment and Discrimination Policy, the Confidentialty, Propritary Rights & Arbitration Agreement, and the Wage Deduction Agreement constitute the entirety of the agreement between you and Flex.

(h) Any notice or other communication given to you in connection with these Flexer Employment Terms shall be sent by email to the address specified in your Flexer Account. Notices will be deemed given 24 hours after the email is sent.   

(i) Except as otherwise required by applicable state law, these Flexer Employment Terms and any issues regarding their enforceability or validity shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of laws principles thereof. You acknowledge that, because Flex’s operations are based in Texas and you will have regular interaction with Flex’s representatives based in Texas, it is appropriate and reasonable for a dispute concerning these Flexer Employment Terms to be determined in accordance with the laws of the State of Texas.  

  1. Contacting Flex

Flex’s office is located at Indeed Flex, Inc. 6433 Champion Grandview Way, Austin, Texas 78750. Please feel free to contact us by email on [email protected] .

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