Last updated: March 19, 2024

Employment Terms

These Employment Terms between you and Bluecrew, LLC (“Bluecrew,”“we” or “us”) govern our employment relationship. These Employment Terms, as they may be updated and modified in accordance with their terms, become effective when you first accept them, and you will reaffirm them every time you accept a position providing staffed services to one of our Customers. 

1.     At-Will Employment:Your employment with us and every customer assignment you receive through Bluecrew to provide staffed services (a “Customer”) is “at will.” This means that you or we can each end this employment relationship at any time,with or without prior notice and with or without cause. Whenever your employment ends, you will not receive any payments, benefits, damages, or other compensation, except as required by applicable law or expressly provided in these Employment Terms.

2.     Eligibility:Your employment with us is contingent on completing our eligibility verification process. You must successfully complete and maintain all eligibility requirements to work for us, including a criminal background check and accurate and complete Crew Member account profile data, US employment eligibility paperwork, and tax forms. You must ensure that all documents,reports, and answers you submit to us are and remain correct and complete and that your employment doesn’t violate any applicable laws. 

3.     Work: We present the opportunity to work on assignments with Customers through our website, app,and other services (our “Services”). 

a.        No Guarantee of Assignments: Assignments vary in requirements, the type of work to be performed, duration, location, working conditions, and rates of pay. We give no guarantee that assignments will be available that match your profile or preferences.

b.    Assignment Completion and Duty to Monitor Job Availability:

                                              i.     If you are offered an assignment, please do not accept the assignment if you have reason to believe that you will not be able to complete to the full length of the assignment. You are not obligated to take any particular assignment, and any employment relationship you may eventually have with Bluecrew will be at-will; however, under most circumstances, failing to complete an assignment after accepting it, refusing suitable work and/or not maintaining your availability with Bluecrew may lead to the denial and/or interruption of unemployment benefits.

                                             ii.     Bluecrew may terminate any Crew Member who does not make contact with Bluecrew through the Bluecrew App to provide notice of being late or absent from work.

                                           iii.     Additionally, absent extenuating circumstances, a CrewMember who chooses not to complete an accepted assignment will be understood to have voluntarily quit that assignment and this may lead to the denial of unemployment benefits. By signing below, you acknowledge that you understand and agree that, if you are hired by Blue Crew and placed on an assignment, upon conclusion of each assignment, you must sign in to the Bluecrew App to review open job positions when there are openings in your area, regardless of your assignment end reason, voluntary or otherwise. If you are not signing in to review open job positions in your area, we deem you are not making yourself available for work with us at these times.

                                           iv.     Additionally, you understand and accept that (in geographic locations where permitted by law):

1.     Your failure to sign in to the Bluecrew App after the completion of your assignment may lead to the denial and/or interruption of unemployment benefits if there is available work in your area.

2.     If an appropriate assignment is available after an assignment ends, and you fail to accept another assignment before filing for unemployment benefits, it may lead to an interruption and/or denial of unemployment benefits.

3.     If an appropriate assignment is available upon the conclusion of your most recent assignment and you refuse that assignment, it may lead to an interruption and/or denial of unemployment benefits.

4.     If you are interested in placement, you should sign in to the Bluecrew App and review available openings once daily, Monday through Friday, when you are not on assignment with us in order for you to verify your availability to work.

c.        Pay for Time Worked: Assignments aren’t continuous, and they can end at anytime. When one assignment ends, another might or might not be available. You are not eligible for pay unless you are on an assignment, unless you’re performing other mandatory work at our explicit direction or as otherwise required by applicable law. 

d.        Performance: You can control which available assignments you accept or reject, but you must only accept an assignment if (i) you meet the requirements that are described in our Services,and (ii) you are available for and intend to work for the entire estimated length of the assignment. You must perform all assignments in accordance with our Crew Member Handbook, all applicable laws, and all additional requirements communicated to you through the Services or otherwise delivered by us or a Customer, except that if you ever have a safety or other concern about something a Customer asks you to do, let us know immediately. 

e.        Bluecrew Employee: Notwithstanding any action or communication of any Customer representative, you acknowledge for all purpose that you are an employee of Bluecrew--not an employee of Customer--when you perform staffed services on assignment from us. No Customer can start or end your employment with us. You are not entitled to any benefits or compensation from Customer, and you waive any claims against Customer, to the extent permitted by applicable law. 

f.         Incident Reporting: If any adverse incident occurs during the course of your work for us, including any job-related injuries or illnesses, any breach of safety policies, discrimination or harassment of any kind, you must promptly report such an incident to our representatives, in accordance with our Crew Member Handbook. 

g.        Equal Opportunity: We are an equal opportunity employer that is committed to diversity and inclusion in the workplace. We prohibit discrimination and harassment of any kind based on race,color, sex, religion, sexual orientation, gender, national origin, veteran status, age, disability, genetic information, pregnancy, or any other protected characteristic defined by applicable laws.

4.     Payment: Subject toyour performance of work in accordance with these Employment Terms and applicable laws, we will pay you for your work in accordance with our standard payroll practices.

5.     Authorizations:You authorize us and our service providers to (A) contact prior employers for references, (B) perform background checks and drug tests, (C) collect photos,audio, and video recordings of you or your work and publish and use those materials (and derivative works), and (D) collect data related to your work, in each case in connection with our employment relationship or the Services and in our sole discretion without additional compensation.

6.     Additional Obligations:

a.        Confidentiality: During the course of your employment, including performance of staffed services for a Customer,you may get access to confidential information about us, any Customer, or our respective businesses, technology, facilities, customers, or personnel. To the fullest extent permissible under applicable law, you agree that you will not disclose or use this confidential information for any purpose other than performing work as described in these Employment Terms. You will return, delete, or destroy copies of this confidential information upon request.

b.        Non-Disparagement: You agree that you will not directly or indirectly participate in any communication or action that negatively references us, any Customer, or our respective businesses, technology, facilities, or personnel, or harms the reputation of any of those.

c.        Exceptions:   Your agreements regarding confidentiality and non-disparagement do not prohibit you from communications protected under applicable law, including (i) discussing or disclosing wages, hours, safety practices, and other terms and conditions of employment, (ii) discussing or disclosing sexual harassment or sexual assault,(iii) providing information to any government agency, (iv) making truthful statements or disclosures about alleged unlawful employment practices or criminal conduct, or (v) providing truthful testimony as required by a subpoenaed other compulsory legal process.  

d.        Work Made for Hire: Any Inventions, technologies, or other work products which you create, discover, or develop during the during the course of your employment (including performance of staffed services for a Customer) will be deemed a work made for hire, or, ifit cannot be deemed a work made for hire under applicable law, you assign all of your interest in it to us without additional compensation, and you will document such assignment upon request. 

e.        Survival and Scope: Each provision of this Section 6 will survive the termination of these Employment Terms. Each Customer whom you provide staffed services to is an expressly intended third party beneficiary of this Section 6.

7.     Other Matters:

a.        Modifications and Waivers: These Employment Terms 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. You are responsible to check for modifications posted in accordance with this Section 7(A). By continuing to accept assignments through the Services after the effective date of any modification to these Employment Terms, you affirm and agree to be bound by the modified terms. No party will be deemed to waive any term or provision of these Employment Terms or consent to any breach under these Employment Terms, unless such waiver or consent is written in an instrument signed by the duly authorized representative of such party.

b.        Privacy: All personal information we collect from or about you in connection with our employment relationship will be subject to our Privacy Policy in accordance with its terms.

c.        Conflict Resolution: You should promptly bring all issues to our attention by contacting our support team,either through the Services or through correspondence to support@bluecrewjobs.com. Our Arbitration Agreement applies to certain kinds of conflicts in accordance with its terms.

d.       Governing Law: The laws of the state in which you perform work under this agreement shall govern these Employment Terms without regard to conflicts of law principles.

e.        Interpretation: If any provision of these Employment Terms are deemed to be illegal, invalid, or unenforceable by a court or arbitrator, 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 these Employment Terms are provided for reference only, and they do not define or limit the scope or interpretation of such sections.

f.         Integration: The Privacy Policy and the Terms of Use are hereby incorporated by reference into these Employment Terms (and are included in each reference to these “Employment Terms”). These Employment Terms, as modified under Section 7(A), constitute the entire agreement between the parties and supersede all other documents or other communications with respect to our employment relationship or the Services transmitted before or after the effective date.

g.        Successors and Assigns: These Employment Terms are binding on and for the benefit of each party and their respective heirs, executors, representatives, successors, and assigns.