{"id":4356,"date":"2024-03-04T16:07:32","date_gmt":"2024-03-04T16:07:32","guid":{"rendered":"https:\/\/indeedflex.com\/?page_id=4356"},"modified":"2024-11-26T15:59:38","modified_gmt":"2024-11-26T15:59:38","slug":"flexer-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/indeedflex.com\/legal\/flexer-terms-and-conditions\/","title":{"rendered":"Flexer Terms and Conditions"},"content":{"rendered":"","protected":false},"excerpt":{"rendered":"","protected":false},"author":10,"featured_media":0,"parent":1192,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"content-type":"","footnotes":""},"class_list":["post-4356","page","type-page","status-publish","hentry"],"acf":{"blocks":[{"acf_fc_layout":"text_editor","centered_text":false,"background":"transparent","text_editor":"

Flexer Employment Terms<\/span><\/p>\r\n

Last updated February 6, 2024\u00a0<\/span><\/i><\/p>\r\n

Welcome to Indeed Flex, Inc. (\u201cFlex\u201d)! 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 \u201cClient\u201d) with individuals who are looking for temporary employment opportunities (each such individual being a \u201cFlexer\u201d).<\/span><\/p>\r\n

These Flexer Employment Terms (the \u201cFlexer Employment Terms'')\u00a0 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 <\/span>https:\/\/indeedflex.com\/user-license\/<\/span><\/a> ), 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.\u00a0<\/span><\/p>\r\n

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.<\/span><\/p>\r\n

Definitions and Interpretation<\/b><\/p>\r\n

The following definitions and rules of interpretation apply in these Flexer Terms of Service:<\/span><\/p>\r\n

\u201cAccount\u201d means the Flex account you open when you register to become a Flexer and use the Service;<\/span><\/p>\r\n

\u201cAffiliate\u201d shall refer to any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. \u201cControl,\u201d for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;<\/span><\/p>\r\n

\u201cAssignment\u201d means the description of services required by Client, which are posted by Client on the Service, including without limitation, the pay rates, times and locations for the performance of those services;<\/span><\/p>\r\n

\u201cEngagement\u201d means a Client\u2019s 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;<\/span><\/p>\r\n

\u201cFlexer\u201d means an individual employed by Indeed Flex, Inc. to perform Flexer Services as defined in these Flex Employment\u00a0 Terms;<\/span><\/p>\r\n

\u201cFlexer Services\u201d means the specific job duties to be performed by Flexers during the course of any Engagement;<\/span><\/p>\r\n

\u201cGroup Company\u201d 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).\u00a0 For Indeed Flex Inc., \u201cGroup Company\u201d shall refer to any Affiliate under the common control of Recruit Holdings Co., Ltd.;\u00a0<\/span><\/p>\r\n

\u201cHospitality Engagement\u201d means an Assignment that includes or involves food and \/ or beverage preparation or service, hostessing or general housekeeping duties;<\/span><\/p>\r\n

\u201cIndeed Flex App\u201d means Indeed Flex Inc.\u2019s proprietary application through which Users may access and use the Indeed Flex Platform;<\/span><\/p>\r\n

\u201cIndeed Flex Platform\u201d 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;<\/span><\/p>\r\n

\u201cRating\u201d means the numerical start a Client has submitted about any Flexer in related to an Engagement;\u00a0<\/span><\/p>\r\n

\u201cRemote Work Arrangement\u201d refers to an Assignment where Flexers work from a location other than Client\u2019s place of business;\u00a0<\/span><\/p>\r\n

\u201cShift\u201d means one or more recurring periods in which a Flexer provides services in relation to a single Engagement;\u00a0<\/span><\/p>\r\n

\u201cService\u201d or \u201cServices\u201d means the services offered by Flex via the Indeed Flex Platform,Flex\u2019s website, web application (accessible via the following URL <\/span>https:\/\/indeedflex.com<\/span><\/a>) and mobile applications (including the Indeed Flex App);<\/span><\/p>\r\n

\u201cUser\u201d means anyone (including but not limited to a Flexer or a Client) that registers for an Account; and,<\/span><\/p>\r\n

\u201cVerified Flexer\u201d is a Flexer who has downloaded the Indeed Flex App, had a successful interview that resulted in the verification of at least one role on the Indeed Flex Platform, and successfully completed the required federal Form I-9 verifying that you are legally authorized to work in the United States.<\/span><\/p>\r\n

In these Flexer Terms, headings (including any sections and subsections) are for convenience only and do not affect interpretation.<\/span><\/p>\r\n

References to \u201cyou\u201d or \u201cyour\u201d are deemed to be\u00a0 references to a Flexer.<\/span><\/p>\r\n

Section 1. <\/b> Your Relationship with Flex<\/b><\/p>\r\n

1.1<\/span> Flex operates as a temporary staffing business.\u00a0 By providing your electronic signature,\u00a0 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.<\/span><\/p>\r\n

1.2<\/span> Your employment with Flex is contingent upon the following:\u00a0<\/span><\/p>\r\n

(a)<\/span> successful completion of the required federal Form I-9 verifying that you are legally authorized to work in the United States;<\/span><\/p>\r\n

(b)\u00a0 <\/span> being free from any restrictive covenants that might interfere with your ability to work for Flex;<\/span><\/p>\r\n

(c)<\/span> your agreement to abide by Flex\u2019s policies and procedures;\u00a0<\/span><\/p>\r\n

(d)<\/span> your agreement to these Flexer Employment Terms and the Flexer User License; and<\/span><\/p>\r\n

(e)<\/span> your agreement and execution of Flex\u2019s Confidentiality, Proprietary Rights, and Arbitration Agreement.<\/span><\/p>\r\n

1.3<\/span> 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.\u00a0<\/span><\/p>\r\n

1.4<\/span> You will provide Flexer Services to Flex Clients on an as-needed and temporary basis for specific Assignments. The completion of a particular Assignment does not terminate your employment with Flex.<\/span><\/p>\r\n

1.5<\/span> 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.\u00a0 Your employment with Flex is on an at-will basis.\u00a0 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\u2019s HR Team.<\/span><\/p>\r\n

1.6<\/span> 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 \u201cnon-exempt\u201d under the law, and you are therefore eligible for overtime pay as required by applicable law.<\/span><\/p>\r\n

1.7<\/span> Flexers working Hospitality Engagements:\u00a0 Clients are required to pay any earned tips \/ gratuities directly to you, in cash, prior to the end of your Shift.\u00a0 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 by visiting the support section in the app.You agree that you are solely responsible for any tax consequences that may arise due to gratuities not reported to Flex.\u00a0<\/span><\/p>\r\n

1.8<\/span> Flexers working Remote Engagements:\u00a0 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\u2019s express written permission before doing so. If you perform the Assignment from a different location without Flex\u2019s express written permission, you may be subject to discipline, up to and including termination.\u00a0<\/span><\/p>\r\n

Section 2. <\/b> Terms of Assignments<\/b><\/p>\r\n

2.1<\/span> 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\u2019s customers and Flex does not review, approve, recommend, guarantee or verify any of the credentials, licenses or statements in relation to Assignments for Client\u2019s customers. \u00a0 Flex shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.<\/span><\/p>\r\n

2.2<\/span> 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.<\/span><\/p>\r\n

2.3<\/span> At the time when an Assignment is available for you to view, Flex\u00a0 will (but is not obligated to) provide you with the following information:<\/span><\/p>\r\n

(a)<\/span> the identity of the Client, and if applicable the nature of its business;<\/span><\/p>\r\n

(b)<\/span> the date on which the Client requires the Worker to commence work and the duration, or likely duration, of that work;<\/span><\/p>\r\n

(c)<\/span> the position which the Client is seeking to fill, including the type of work, the location, the dress code (if applicable) the hours during which the Worker 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;<\/span><\/p>\r\n

(d)<\/span> the hourly rate at which you will be paid; and<\/span><\/p>\r\n

(e)<\/span> the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law, or any professional body, for you to possess in order to work the Assignment.<\/span><\/p>\r\n

2.4<\/span> 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\u00a0 that you are willing and able to carry out the Assignment.<\/span><\/p>\r\n

Section 3. <\/b> Accepting Engagements<\/b><\/p>\r\n

3.1<\/span> 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.<\/span><\/p>\r\n

3.2<\/span> 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 (\u201cAttendance\u201d).<\/span><\/p>\r\n

Section 4. <\/b> Confirming and Performing Engagements<\/b><\/p>\r\n

4.1<\/span> 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\u2019s mobile application.<\/span><\/p>\r\n

(a)<\/span> 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\u00a0 required to confirm via Flex\u2019s 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.<\/span><\/p>\r\n

(b)<\/span> By accepting any Shift within 48 hours of the scheduled Shift start time you are deemed to have confirmed your attendance for the Shift.<\/span><\/p>\r\n

4.2<\/span> Upon accepting an Engagement you confirm that:<\/span><\/p>\r\n

(a)<\/span> you expect to be able to carry out the necessary duties and responsibilities of the Engagement;<\/span><\/p>\r\n

(b)<\/span> you will cooperate with the Client\u2019s lawful and reasonable instructions and will accept the direction and supervision of any responsible person within the Client\u2019s organization;<\/span><\/p>\r\n

(c)<\/span> you will observe and obey any of the Client\u2019s relevant rules, policies and\/or regulations including, without limitation, the Client\u2019s health and safety policies;<\/span><\/p>\r\n

(d)<\/span> you will abide by the Client\u2019s dress code and conduct rules (if any);<\/span><\/p>\r\n

(e)<\/span> 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;<\/span><\/p>\r\n

(f)<\/span> you will serve the Client to the best of your ability at all times during your Shift and\/or Engagement;<\/span><\/p>\r\n

(g)<\/span> 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<\/span><\/p>\r\n

(h)<\/span> you will promptly notify Flex if you believe you have experienced any discriminatory harassing or otherwise unlawful behavior while performing the Engagement.\u00a0<\/span><\/p>\r\n

4.3<\/span> 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.<\/span><\/p>\r\n

4.4<\/span> You are required, when performing an Engagement or Shift, to be dressed in clean work clothes\u00a0 and to be tidy in appearance. You must comply with any health code requirements (e.g., hair net or otherwise).<\/span><\/p>\r\n

4.5<\/span> 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.<\/span><\/p>\r\n

4.6<\/span> 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.<\/span><\/p>\r\n

Section 5. <\/b> Pay \u2013 General <\/b>\u00a0<\/span><\/p>\r\n

5.1<\/span> 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 \u201cPay\u201d) subject to deductions or taxes in accordance with applicable laws.<\/span><\/p>\r\n

5.2<\/span> The Pay shall never be less than the minimum hourly rates set by law.<\/span><\/p>\r\n

5.3<\/span> Subject to your compliance with Flex\u2019s timekeeping procedures set out in Section 8, the Pay will be made by direct deposit to the account and financial institution chosen by you, unless you request to be paid by paper check.\u00a0 By providing your bank account information to Flex, you authorize Flex to make payments to you using direct deposit. Flexers are paid weekly, regardless of whether Flex has received payment from the Client for those hours.<\/span><\/p>\r\n

5.4<\/span> Pre-approved expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.<\/span><\/p>\r\n

5.5<\/span> 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.<\/span><\/p>\r\n

5.6<\/span> 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.<\/span><\/p>\r\n

Section 6.<\/b> Pay - Corrections<\/b>\u00a0<\/span><\/p>\r\n

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 by visiting the support section in the app . 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.<\/span><\/p>\r\n

Section 7. <\/b> Pay \u2013 Timesheets\u00a0<\/b><\/p>\r\n

7.1<\/span> 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, unless a different seven consecutive day period is communicated to you at the time you accept an additional or subsequent Assignment.\u00a0<\/span><\/p>\r\n

7.2<\/span> The following instructions apply to timesheets that are generated via the Indeed Flex Platform:<\/span><\/p>\r\n

(a)<\/span> at the beginning of each Shift you must \u201cclock in\u201d using the mobile application to register your start time; and<\/span><\/p>\r\n

(b)<\/span> at the end of each Shift you must \u201cclock out\u201d using the mobile application to register your finishing time.<\/span><\/p>\r\n

Flex or the Client will provide additional timesheet instructions for Engagements that do not utilize the Flex Platform for timekeeping.<\/span><\/p>\r\n

7.3<\/span> If, for any reason you cannot \u201cclock in\u201d and \u201cclock out\u201d 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.<\/span><\/p>\r\n

7.4<\/span> 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. \u201cOff-the-clock\u201d 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\u2019s time entries (or encourage someone else to do so).\u00a0 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.<\/span><\/p>\r\n

7.5<\/span> In the event that you disagree with a timesheet, please Contact Us by visiting the support section in the app 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.<\/span><\/p>\r\n

7.6<\/span> Failure to comply with these time recording procedures may result in a delay in payment to you of the hours in dispute as we investigate (in a timely fashion) the hours you worked.\u00a0<\/span><\/p>\r\n

Section 8.<\/b> Attendance\u00a0<\/b><\/p>\r\n

8.1<\/span> 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.<\/span><\/p>\r\n

8.2<\/span> 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.<\/span><\/p>\r\n

8.3<\/span> 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 \u201cstrike\u201d.\u00a0 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.\u00a0<\/span><\/p>\r\n

8.4<\/span> 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.<\/span><\/p>\r\n

8.5<\/span> 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\u2019 Pay, in accordance with applicable law. The payment of compensation will be determined by Flex acting in its sole discretion.<\/span><\/p>\r\n

8.6<\/span> If you fail to attend your booking without notifying Flex, you may be subject to discipline up to and including termination.\u00a0 If you cancel the Engagement via the Service less than 30 minutes before that\u00a0 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.<\/span><\/p>\r\n

Section 9. <\/b> Personal Possessions<\/b><\/p>\r\n

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.<\/span><\/p>\r\n

Section 10. <\/b> Food Hygiene\u00a0<\/b><\/p>\r\n

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.<\/span><\/p>\r\n

Section 11. <\/b> Flexer Code of Conduct<\/b><\/p>\r\n

11.1<\/span> Respect for Employees:\u00a0 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.\u00a0<\/span><\/p>\r\n

(a)<\/span> 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.<\/span><\/p>\r\n

(b)<\/span> 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.<\/span><\/p>\r\n

(c)<\/span> 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.\u00a0<\/span><\/p>\r\n

(d)<\/span> 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\u2019s property, except by an authorized law enforcement officer.\u00a0<\/span><\/p>\r\n

(e)<\/span> No form of workplace violence will be tolerated. \u201cWorkplace\u201d includes Flex\u2019s and Clients\u2019 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.\u00a0<\/span><\/p>\r\n

(f)<\/span> We have strict standards regarding substance abuse as set forth more fully in Flex\u2019s 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\u2019s Drug-Free Workplace Policy.<\/span><\/p>\r\n

(g)<\/span> 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 uscompliance@indeedflex.com .<\/span><\/p>\r\n

11.2<\/span> 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.<\/span><\/p>\r\n

(a)<\/span> 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.<\/span><\/p>\r\n

(b)<\/span> We do not use or bring to Flex or a Client site any proprietary materials belonging to any former employer.<\/span><\/p>\r\n

(c)<\/span> We respect all contracts signed with our former employers, including non-solicitation agreements and non-competition agreements.\u00a0<\/span><\/p>\r\n

(d)<\/span> 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.<\/span><\/p>\r\n

(e)<\/span> We follow all Flex guidelines and policies.<\/span><\/p>\r\n

(f)<\/span> We treat Clients, Clients\u2019 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.<\/span><\/p>\r\n

(g)<\/span> 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.\u00a0<\/span><\/p>\r\n

11.3<\/span> 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.<\/span><\/p>\r\n

(a)<\/span> Falsification of, or dishonesty within, any employment related documents, including falsifying your own or another employee\u2019s time entry.<\/span><\/p>\r\n

(b)<\/span> 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).<\/span><\/p>\r\n

(c)<\/span> Contacting a Client without prior authorization from Flex.<\/span><\/p>\r\n

(d)<\/span> 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 as necessary to contact Flex for other issues related to the Assignment.<\/span><\/p>\r\n

(e)<\/span> Failure to comply with Flex\u2019s policies or a Client\u2019s policies, if provided.<\/span><\/p>\r\n

(f)<\/span> The wilful failure to follow lawful management instructions or guidelines.<\/span><\/p>\r\n

(g)<\/span> Unprofessional or inappropriate conduct on assignment or toward Flex\u2019s team of representatives, including insubordination.<\/span><\/p>\r\n

(h)<\/span> Theft or fraud.<\/span><\/p>\r\n

(i)<\/span> Discrimination, bullying, or harassment.<\/span><\/p>\r\n

(j)<\/span> The use of Client facilities and equipment for personal reasons.<\/span><\/p>\r\n

(k)<\/span> Damage to property belonging to or in the possession of the Client or of other service providers.<\/span><\/p>\r\n

(l)<\/span> 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.<\/span><\/p>\r\n

(m)<\/span> Smoking in the workplace.<\/span><\/p>\r\n

(n)<\/span> Abusive behavior, physical violence, or assault.<\/span><\/p>\r\n

(o)<\/span> Swearing or abusive language.\u00a0<\/span><\/p>\r\n

(p)<\/span> Creating a worksite disruption, which includes but it is not limited to, being rude or discourteous to the Client, its customers, or any other person.<\/span><\/p>\r\n

(q)<\/span> Possession of a weapon on your person at work or during any\u00a0 job-related event or activity.<\/span><\/p>\r\n

(r)<\/span> Conduct that foreseeably endangers persons or property.<\/span><\/p>\r\n

Section 12. <\/b> Security<\/b><\/p>\r\n

12.1<\/span> 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.<\/span><\/p>\r\n

12.2<\/span> Video Surveillance: By accepting employment with Flex, you agree to and acknowledge the following:<\/span><\/p>\r\n

(a)<\/span> 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.<\/span><\/p>\r\n

(b)<\/span> 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.\u00a0<\/span><\/p>\r\n

(c)<\/span> 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.<\/span><\/p>\r\n

Section 13.<\/b> Termination\u00a0<\/b><\/p>\r\n

13.1<\/span> 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\u2019s online platform.\u00a0\u00a0<\/span><\/p>\r\n

13.2<\/span> 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.\u00a0 You will always be granted any and all leave to which you are entitled under the Federal Family and Medical Leave Act (\u201cFMLA\u201d) or any applicable sick leave laws.\u00a0 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 at Flex's sole discretion subject to its legal obligations.\u00a0 If Flex approves a leave period of more than one month, Flex will archive your profile from Flex\u2019s online platform and then republish it on the online platform once your leave is complete.<\/span><\/p>\r\n

13.3<\/span> Your employment is at-will, and may be terminated by you or Flex with or without notice, or cause.<\/span><\/p>\r\n

Section 14.<\/b> US Work Authorization\u00a0<\/b><\/p>\r\n

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.<\/span><\/p>\r\n

Section 15.<\/b> Workers\u2019 Compensation\u00a0<\/b><\/p>\r\n

15.1<\/span> Workers\u2019 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.<\/span><\/p>\r\n

15.2<\/span> Flex will work with its Workers\u2019 Compensation insurance provider to process and handle all Workers\u2019 Compensation claims and information.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\r\n

15.3<\/span> NOTICE TO EMPLOYEES CONCERNING WORKERS\u2019 COMPENSATION. Required notices concerning workers\u2019 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\u2019 compensation insurance coverage from Key Risk (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.\u00a0<\/span><\/p>\r\n

15.4<\/span> 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\u2019s behalf must notify Indeed Flex of an injury or occupational disease as soon as possible and in accordance with applicable state law by contacting workplaceincident@indeedflex.com 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\u2019 compensation agency determines that good cause existed for failure to provide timely notice. Contact information for your state\u2019s workers\u2019 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\u2019 compensation or reports an alleged occupational health or safety violation.<\/span><\/p>\r\n

Section 16.<\/b> Equal Opportunity and Accommodation<\/b><\/p>\r\n

16.1<\/span> Equal Opportunity: It is Flex\u2019s 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.\u00a0 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.\u00a0 Please note, all Flexers are required to acknowledge and comply with Flex\u2019s Anti-Harassment and Anti-Discrimination policy as a term and condition of employment.<\/span><\/p>\r\n

16.2<\/span> Reasonable Accommodations Under the Americans With Disabilities Act (ADA)<\/span><\/p>\r\n

(a)<\/span> 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.<\/span><\/p>\r\n

(b)<\/span> 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.\u00a0<\/span><\/p>\r\n

(c)<\/span> Process for Requesting an Accommodation:<\/span><\/p>\r\n

(i)<\/span> 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 usflexerhr@indeedflex.com to make the request.\u00a0<\/span><\/p>\r\n

(ii)<\/span> To request an accommodation, an employee must:<\/span><\/p>\r\n