Arbitration Agreement

This Arbitration Agreement between you and Bluecrew, LLC (“Bluecrew,” “we” or “us”) governs disputes arising out of or related to our employment relationship. This Arbitration Agreement, as it may be updated and modified in accordance with its terms, becomes effective when you first accept a position providing staffed services to one of our Customers, and you will re-affirm them every time you accept a position providing staffed services to one of our Customers. 

The U.S. Federal Arbitration Act applies to this Arbitration Agreement.

All disputes covered by this Arbitration Agreement will be decided by a single arbitrator through final and binding arbitration and not by way of court or jury trial, as described further below. 

This Arbitration Agreement includes a waiver of class and collective actions, as described further below.

1. Covered Claims: The parties intend this Arbitration Agreement to be as broad as allowed by law. Without limiting the generality of the foregoing:

A. Employment and Related Claims: This Arbitration Agreement applies to all disputes--past, present, or future--arising out of or relating to your employment. This Arbitration Agreement’s coverage includes any claims connected with your application and selection for employment, your continued employment, your change of assignments, and the termination of your employment (by you or us), which might otherwise be resolved in a court of law or before a forum other than arbitration, except as expressly set forth in Section 2 below. This Arbitration Agreement’s coverage includes claims relating to discrimination, harassment, retaliation, defamation (including post-employment defamation or retaliation), breach of a contract or covenant, fraud, negligence, breach of fiduciary duty, trade secrets, unfair competition, wages, minimum wage and overtime or other compensation or any money claimed to be owed, meal breaks and rest periods, termination, tort claims, common law claims, equitable claims. This Arbitration Agreement’s coverage includes any and all claims arising under or for violation of any federal, state or other governmental law, statute, regulation, or ordinance, including the Defend Trade Secrets Act, Fair Credit Reporting Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act, Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, and all state statutes or regulations addressing the same or similar subject matters as any of the foregoing laws.

B. Scope of Covered Parties: This Arbitration Agreement applies to all disputes arising out of or relating to your employment which you might have against Bluecrew, any of its subsidiaries and affiliates (including Bluecrew, Inc.), any of their respective customers and service providers, and for each of the foregoing entities any of their respective officers, directors, members, stockholders, employees, agents, successors, and assigns, past, present or future. Each of these entities and individuals can enforce this Agreement as an intended third party beneficiary.

C. Determination of Coverage: If there is any dispute arising about the validity, scope, applicability, enforceability, formation, or waiver of this Arbitration Agreement, then the Arbitrator (as defined below) will have exclusive authority to resolve such dispute (and not any federal, state, or local court or agency); provided, however, that the validity and enforceability of the Class and Collective Action Waiver set out in Section 3 below can instead be determined only by a court of competent jurisdiction, notwithstanding anything to the contrary in this Arbitration Agreement or the JAMS Rules (as defined below).

2. Limitations on Coverage: 

A. Uncovered Claims: Notwithstanding the above, the parties acknowledge that this Arbitration Agreement does not cover (i) claims for workers compensation benefits, state disability insurance and unemployment insurance benefits, except that this Arbitration Agreement does apply to discrimination or retaliation claims based upon seeking such benefits, (ii) claims for benefits under employee benefit plans covered by the Employee Retirement Income Security Act of 1974 (“ERISA”), except that this Arbitration Agreement does apply to any claims for breach of fiduciary duty, for penalties, or alleging any other violation of ERISA, even if such claim is combined with a claim for benefits, and (iii) disputes that an applicable federal law expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement.

B. Reports, Communications and Other Subjects Not Restricted: For the avoidance of doubt, nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with a governmental agency, including the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, or law enforcement agencies. This Arbitration Agreement does not restrict or prevent you in any way from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse. Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement does not prevent federal administrative agencies from adjudicating claims and awarding or obtaining remedies based on the claims addressed in this Section 2(B), even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from exhausting administrative remedies by filing any charges or complaints required by any applicable law (including the Title VII of the Civil Rights Act of 1964, as amended, and/or similar state or local law) before bringing a claim in arbitration. We will not retaliate against you for filing a report with an administrative agency or for exercising rights referenced in this Section 2(B).

C. Preliminary Relief: Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. However, all determinations of final relief will be decided in arbitration. 

D. Small Claims Court: Claims brought by you or us for recovery of money (exclusive of fees and costs) within the jurisdiction of your state’s small claims court or your state’s equivalent court must be brought on an individual basis (not combined with any other individual’s or entity’s claims) in your state’s small claims court or your state’s equivalent court and may not be arbitrated. (For example, in Texas in 2021, the jurisdiction of a small claims court is $20,000, and in California in 2021, the jurisdiction of a small claims court is generally $10,000 for an individual and $5,000 for businesses.) The Arbitrator is without authority or jurisdiction to preside over any such claim. If any such claim is transferred or appealed to a different court, you or Bluecrew may require arbitration under this Agreement, and the conduct of any party during the small claims, or equivalent, proceeding shall not be a ground for waiver of the right to arbitrate.

3. CLASS AND COLLECTIVE ACTION WAIVER: Because the parties agree to bring any claim on an individual basis only:

WE AND YOU WAIVE ANY RIGHT FOR ANY DISPUTE TO BE BROUGHT, HEARD, DECIDED OR ARBITRATED AS A CLASS AND/OR COLLECTIVE ACTION, AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLASS AND/OR COLLECTIVE CLAIM.

This provision is called the “Class and Collective Action Waiver.” If a final judicial determination is made that this Class and Collective Action Waiver is unenforceable and that a class or collective action may proceed notwithstanding the existence of this Arbitration Agreement, the Arbitrator will still have no authority to preside over a class or collective action, so that any class or collective action must be brought in a court of competent jurisdiction (not in arbitration). 

4. Arbitration Process and Procedures: The arbitration will be administered by JAMS and will proceed under the JAMS Employment Arbitration Rules & Procedures (“JAMS Rules”) then in effect; provided, however, that if there is a conflict between the JAMS Rules and this Agreement, this Agreement shall control. The JAMS Rules may be found at www.jamsadr.com or by searching for “JAMS Employment Arbitration Rules” using a search engine service or by requesting a copy of the JAMS Rules by contacting support@bluecrewjobs.com with “JAMS Rules Request” in the subject line.

A. Initiating a Claim: The party initiating the claim must make a written demand for arbitration of the claim to the other party, by hand delivery or first class mail, no later than the expiration of the statute of limitations (deadline for filing) that the law prescribes for the claim. The demand for arbitration must identify the claim(s) asserted, a short and plain statement of the alleged facts that allegedly entitle the claimant to relief, and the relief and/or remedy sought. Written demand for arbitration that you send to us must be sent to the attention of Bluecrew's Legal Department, at the physical address presented at www.bluecrewjobs.com/contact. Written demand for arbitration that we send to you must be sent to the last residential address you provided in your employment records. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration and apply the statute of limitations that would have applied if the claim(s) had been brought in court.

B. Cooling Off Period: The parties mutually agree that after a party initiates the claim by making a written demand for arbitration to the other, neither party will submit the demand to JAMS for 30 days after the demand is made (“Cooling Off Period”). During the Cooling Off Period, the parties can attempt in good faith to resolve the claim. The parties can also mutually agree to extend the Cooling Off Period. At the end of the Cooling Off Period, and unless the parties have resolved the claim, the party initiating the claim will submit the arbitration demand to JAMS.

C. Selecting the Arbitrator: Unless the parties jointly agree otherwise, the arbitrator must be an attorney experienced in employment law and licensed to practice law in the state in which the arbitration is convened or a retired judge from any jurisdiction. Unless the parties jointly agree otherwise, the arbitration will take place in the county and state where you most recently worked on an assignment for our customers under employment with us. JAMS will give each party a list of nine arbitrators (who are subject to the qualifications above) drawn from its panel of arbitrators. Each party will have ten business days to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual will be designated as the arbitrator (any person duly designated as such, the “Arbitrator”). If more than one common name remains on the lists of all parties, the parties will strike names alternately from the list of common names by telephone conference administered by JAMS, with the party to strike first to be determined by a coin toss conducted by JAMS, until only one remains. If no common name remains on the lists of all parties, JAMS will furnish an additional list of nine arbitrators from which the parties will strike alternately by telephone conference administered by JAMS, with the party to strike first to be determined by a coin toss conducted by JAMS, until only one name remains. That person will be designated as the Arbitrator. If the individual selected cannot serve, JAMS will issue another list of nine arbitrators and repeat the alternate striking selection process. If JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral Arbitrator. 

D. Role of the Arbitrator: The Arbitrator may award any remedy to which a party is entitled under applicable law, but remedies will be limited to those that would be available to a party in their individual capacity for the claims presented to the Arbitrator. The Arbitrator shall apply the substantive federal, state, or local law applicable to the claim(s) asserted. Either party may file dispositive motions, including without limitation a motion to dismiss and/or a motion for summary judgment and the Arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure. The Arbitrator will issue an award by written opinion within 30 days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion will be in writing and include the factual and legal basis for the award. Judgment on the award issued by the Arbitrator may be entered in any court of competent jurisdiction. 

E. Arbitration Discovery: Each party can take the deposition of one individual fact witness and any expert witness designated by another party. Both parties can also request production of reasonably relevant documents. Both parties can also subpoena witnesses and documents for discovery or the arbitration hearing, including testimony and documents relevant to the case from third parties. Additional discovery can be conducted by mutual stipulation, or the Arbitrator will have exclusive authority to entertain requests for additional discovery, and to grant or deny such requests, based on the arbitrator’s determination whether additional discovery is warranted by the circumstances of a particular case.

F. Fees and Costs: You and we will follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. We will pay any remaining portion of the initial fee and also will pay all costs and expenses unique to arbitration, including the arbitrator’s fees. Each party will pay for its own costs and attorneys' fees, if any, except that the Arbitrator may award reasonable fees to the prevailing party as provided by law. The Arbitrator will resolve any disputes regarding costs/fees associated with arbitration.

G. Offer of Judgment: A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitral proceeding. The offer shall not be served on the Arbitrator, except that if the offer is accepted, either party may then file with the Arbitrator the offer and notice of acceptance together with proof of service thereof. The Arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceedings shall then be terminated. If the offer is not accepted, the offer cannot be used as evidence in the arbitration proceedings, and, following the issuance of the Arbitrator’s award, the offeror may file a motion for costs with the Arbitrator, who shall retain jurisdiction to decide the motion and award costs to the offeror as warranted.

H. Sanctions: To the extent allowed by applicable law and if the claim(s) or counterclaim(s) brought by either party in arbitration allow for imposition of sanctions, the Arbitrator may award either party its reasonable attorneys' fees and costs, including reasonable expenses associated with production of witnesses or proof, upon a finding that the claim or counterclaim was frivolous or brought solely to harass you or us.

6. Other Matters:

A. Modifications and Waivers: This Arbitration Agreement can only be modified by the parties through (i) a written instrument signed by both parties or (ii) by us from time to time by posting an updated version within the Services (as defined in your Employment Terms). You are responsible to check for modifications posted in accordance with this section. By continuing to accept assignments through the Services after the effective date of any modification to these Arbitration Agreement, you affirm and agree to be bound by the modified terms. No party will be deemed to waive any term or provision of this Arbitration Agreement or consent to any breach under this Arbitration Agreement, unless such waiver or consent is written in an instrument signed by the duly authorized representative of such party.

B. Third Party Beneficiaries: In accordance with Section 1B, this Arbitration Agreement covers claims against Bluecrew, any of its subsidiaries and affiliates (including Bluecrew, Inc.), any of their respective customers and service providers, and for each of the foregoing entities any of their respective officers, directors, members, stockholders, employees, agents, successors, and assigns, past, present and future. Each of these entities and individuals can enforce this Arbitration Agreement as an intended third party beneficiary. Rights and obligations of Bluecrew under this Arbitration Agreement will be exercised jointly and born severally in the event that multiple entities enforce this Arbitration Agreement with respect to the same underlying matter.

C. Survival: This Arbitration Agreement will survive the termination of any assignment with any customer and termination of your employment with Bluecrew (by us or you). This Arbitration Agreement will also survive the expiration of any benefit, and it will also continue to apply notwithstanding any change in your duties, responsibilities, position, or title, or if you are separated and rehired by us.

D. Interpretation: If any provision of this Arbitration Agreement is deemed to be illegal, invalid, or unenforceable by a court or arbitrator (except for the Class and Collective Action Waiver), that provision should be amended to achieve as nearly as possible the same economic effect as the original provision, and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be impaired. References to “including” or similar language describe examples and are not intended to be exclusive. Headings of sections in this Arbitration Agreement are provided for reference only, and they do not define or limit the scope or interpretation of such sections. Nothing in this Arbitration Agreement modifies the “at will” status of your employment with us. 

E. Integration: This Arbitration Agreement, including any modifications under Section 6(A), constitutes the entire agreement between the parties and supersedes all other documents or other communications with respect to the arbitration of covered disputes transmitted before or after the effective date; provided that, if this Arbitration Agreement is held or deemed to be void, invalid, inapplicable or unenforceable in its entirety, any prior agreement to arbitrate between you and us will be deemed to continue to apply in full force.

F. Successors and Assigns: This Arbitration Agreement is binding on and for the benefit of each party and their respective heirs, executors, representatives, successors, and assigns.