California delivery driver employment contract template

California Delivery Driver Employment Contract

This California Delivery Driver Employment Contract (the “Agreement”) is made and effective as of [Date], by and between [Employer Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Employment

* Option A: Employer hereby employs Employee as a full-time, non-exempt Delivery Driver. * Option B: Employer hereby employs Employee as a part-time, non-exempt Delivery Driver.

2. Job Duties

The Employee's primary duties will include, but are not limited to:

* Loading and unloading goods for delivery, complying with California Vehicle Code weight and safety limits. * Verifying delivery items against orders and invoices. * Planning and navigating delivery routes efficiently, utilizing GPS and delivery platforms. * Operating company-provided vehicles or, if applicable, Employee's personal vehicle safely. * Using mobile delivery platforms or apps to track deliveries and communicate with dispatch. * Obtaining recipient signatures or delivery confirmations using electronic devices or paper records. * Reporting any accidents, traffic violations, equipment malfunctions, or barriers encountered during delivery. * Handling fragile, perishable, or hazardous materials according to state regulations.

3. Required Qualifications

* Option A: Possess a valid California [Commercial Driver's License Class] driver's license with a clean driving record. * Option B: Possess a valid California driver's license and a clean driving record. * Maintain required medical certificates as mandated by California DMV regulations. * Possess any special endorsements required for the type of vehicle operated (e.g., hazardous materials endorsement). * Complete ongoing driver safety, hazardous material (if applicable), and defensive driving courses as mandated in California.

4. Delivery Service Territory

* The Employee will primarily provide delivery services within the following territory: [Specify County/City Limits, Regional Restrictions]. * Employee will be expected to possess knowledge of local traffic laws and geography within the designated delivery territory.

5. Work Schedule

* The Employee's regular working hours will be [Start Time] to [End Time], [Days of the Week]. * Employee is entitled to rest and meal breaks in adherence to California Industrial Welfare Commission Wage Orders and state labor code. * Option A: Employee may be required to work on-call shifts as needed. * Option B: Employee may be required to work split shifts as needed. * Overtime work will be compensated at the rate of 1.5 times the regular hourly rate for hours worked over 8 in a workday or 40 in a workweek, and double the regular hourly rate for hours worked over 12 in a workday, as required by California law.

6. Compensation

* The Employee's hourly wage will be [Dollar Amount] per hour, which is no less than the current California minimum wage. * The Employee will be paid [Pay Frequency, e.g., bi-weekly]. * Overtime and double time pay will be calculated and paid in accordance with California Labor Code. * The Employee is responsible for accurate time recordkeeping consistent with California law. * Option A: The Employee will be eligible for delivery-based pay incentives as described in Exhibit A. * Option B: The Employee may receive tips from customers, and all tips are the sole property of the Employee. * Mileage reimbursement will be provided at the rate of [Dollar Amount] per mile, which meets or exceeds the IRS standard rate or the applicable California standard. * Option A: The Employee will be eligible for safety and/or performance bonuses as described in Exhibit B.

7. Vehicle Use

* Option A: The Employee will use a company-provided vehicle for deliveries. * Option B: The Employee will use their own vehicle for deliveries. * If using the Employee's own vehicle: * Mileage reimbursement will be provided as stated above. * The Employee is responsible for maintaining adequate insurance coverage with minimum limits of [Insurance Limits]. * [Specify Responsibility for Accident/Damage Costs]

8. Benefits

* Health Insurance: Employer will provide health insurance coverage as required by California law or the Affordable Care Act (ACA), if applicable. * Paid Sick Leave: Employee is entitled to paid sick leave in accordance with California law, currently [Number] days per year. * Option A: Paid Vacation: Employee will accrue paid vacation time at a rate of [Accrual Rate]. * California Statutory Holidays: Employee is entitled to paid time off for recognized California statutory holidays. * Paid Family Leave: Employee is eligible for California Paid Family Leave (PFL) benefits. * Unemployment Insurance: Employer will provide unemployment insurance coverage as required by California law. * Disability Insurance: Employer will provide disability insurance coverage as required by California law. * Workers' Compensation: Employee will be covered by workers' compensation insurance. * Participation in California PFL and SDI programs.

9. Uniforms and Equipment

* Option A: Employer will provide the Employee with a uniform. The Employee is responsible for maintaining the uniform in a clean and presentable condition. * Option B: Employer will reimburse the Employee for the cost of required uniforms or equipment up to a maximum of [Dollar Amount]. * Employer will provide a cell phone or GPS/data allowance of [Dollar Amount] per [Time Period] specifically for delivery-related work.

10. Workplace Safety

* Employer is committed to providing a safe work environment and will comply with all applicable California Division of Occupational Safety and Health (Cal/OSHA) requirements. * The Employee is responsible for following all safety procedures and reporting any workplace injuries or accidents immediately. * Employee will follow in-vehicle safety practices including wearing a seatbelt, avoiding distractions, and obeying all traffic laws. * For delivery of food or sensitive items, the Employee will adhere to food safety and hygiene standards under the California Retail Food Code.

11. Company Property

* The Employee is responsible for the proper care and use of all company property, including vehicles, devices, and uniforms. * The Employee will report any damage, theft, or malfunction of company property immediately. * Upon termination of employment, the Employee will return all company property in good condition, except for normal wear and tear. * Option A: Employee is responsible for parking fees incurred during work hours. * Option B: Employer is responsible for parking fees incurred during work hours. * Company vehicle will be stored at [Location] after hours.

12. Background Checks and Screening

* Employment is contingent upon successful completion of background checks, drug/alcohol screening, and eligibility checks as required by California Department of Motor Vehicles regulations and company policy. * The Employer reserves the right to conduct ongoing background checks and drug/alcohol screening during the term of employment, as permitted by law.

13. Anti-Discrimination and Harassment

* Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, gender identity, sexual orientation, age, marital status, medical condition, disability, veteran status, or any other characteristic protected by California law. * Employer will provide training on prevention of sexual harassment as mandated for all California employers of 5+ employees, and explicit acknowledgment by employee.

14. No Retaliation

* Employer prohibits retaliation against any employee who reports safety, pay, or labor violations in good faith, as protected by California whistleblower laws.

15. Termination

* Employment is "at-will," meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to California law. * Upon termination, the Employee's final paycheck, including all accrued vacation time, will be provided within 72 hours or immediately upon termination, as required by California law. * The Employee is responsible for returning all company property upon termination. * [Specify Exit Process for Licenses or Permits] * Disciplinary action and grounds for termination may include driving infractions, loss of license, recurring late deliveries, or failure to comply with company safety policies. * Mandatory reporting to state agencies for certain types of driver misconduct may be required per California law.

16. Confidentiality

* The Employee agrees to maintain the confidentiality of customer data, delivery routes, special shipment information, and company proprietary procedures, both during and after employment.

17. Non-Competition

* The Employee agrees not to engage in outside paid driving/delivery work for competitors during hours of employment. * The parties acknowledge that California law severely restricts post-employment non-compete agreements, and any such agreement will be interpreted and enforced in accordance with applicable California law.

18. Dispute Resolution

* Any disputes arising out of or relating to this Agreement will be resolved through negotiation and mediation. * Option A: If mediation is unsuccessful, disputes will be resolved through binding arbitration in [County] County, California, in accordance with California law. * This Agreement will be governed by and construed in accordance with the laws of the State of California.

19. Compliance with Local Ordinances

* The Employee will comply with all applicable local ordinances, including but not limited to [Specify Relevant Local Ordinances, e.g., San Francisco Transportation Network Company Driver Protections Ordinance, Los Angeles Freight Restrictions].

20. Employee Rights

* The Employee has the right to inspect their personnel files, receive wage statements, and access pay stub disclosures as required by California Labor Code.

21. Tip Pooling/Sharing

* Option A: [Specify Tip Pooling/Sharing Policy and Compliance with California Law] * Option B: All tips received by Employee shall remain the sole property of Employee and Employer shall not require or permit any tip pooling.

22. Training

* Employee shall complete required training for sexual harassment prevention as mandated for all California employers of 5+ employees, and explicit acknowledgment by employee.

23. Use of Personal Mobile Devices

* [Outline Company Policy Regarding Use of Personal Mobile Devices for Work, GPS Tracking, Driver Privacy, Video/Audio in Vehicles, and Data Management that Complies with California Consumer Privacy Act (CCPA) and Employee Privacy Protections]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Name]

Signature: ____________________________

Date: ____________________________