Colorado delivery driver employment contract template

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How Colorado delivery driver employment contract Differ from Other States

  1. Colorado enforces specific wage hour and overtime regulations that may differ from neighboring states, affecting delivery driver compensation terms.

  2. State law mandates reimbursement policies for necessary business expenses, which should be addressed explicitly in Colorado employment contracts.

  3. Colorado has unique workplace anti-discrimination and marijuana use policies, requiring clear contract terms regarding substance use and equal opportunity.

Frequently Asked Questions (FAQ)

  • Q: Are there specific background check requirements for delivery drivers in Colorado?

    A: Yes. Colorado mandates background checks for delivery drivers in certain industries, especially those handling regulated goods.

  • Q: How does Colorado law impact overtime pay for delivery drivers?

    A: Colorado law typically requires overtime pay for hours worked over 40 per week, unless a specific exemption applies to the driver.

  • Q: Can a Colorado delivery driver be classified as an independent contractor?

    A: Yes, but strict Colorado criteria must be met to avoid misclassification. Review the state’s ABC test for compliance.

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Colorado Delivery Driver Employment Agreement

This Full-Time Delivery Driver Employment Agreement (the “Agreement”) is made and effective as of [Date], by and between [Company Name], a [State] [Entity Type] with its principal place of business at [Company Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

Employer Contact Details:

  • Phone: [Company Phone Number]
  • Email: [Company Email Address]

Employee Contact Details:

  • Phone: [Employee Phone Number]
  • Email: [Employee Email Address]

Position:

Full-Time Delivery Driver.

  • Job Description: The Employee will perform duties including but not limited to picking up, loading, transporting, and delivering packages to specified locations; following assigned delivery routes; operating the delivery vehicle safely; completing delivery logs and reports accurately; handling delivery confirmations (signatures, photos, digital proof); handling cash or payment, if applicable; interacting with customers in a professional manner; performing daily vehicle safety checks; reporting malfunctions or accidents promptly; adhering to DOT, CDOT, and company vehicle operation policies; following all applicable traffic laws; using navigation/delivery management software; lifting and handling packages up to [Weight Limit] lbs (consistent with Colorado Department of Labor guidance); and wearing company-uniform or approved attire at all times while on duty.

Qualifications and Licenses:

The Employee must possess and maintain the following qualifications and licenses:

  • Valid Colorado driver’s license (Class: [Driver's License Class]).
  • Clean Motor Vehicle Record (MVR) with no more than [Number] moving violations in the past [Number] years and no DUI/DWAI convictions.
  • Successful completion of employer-provided driver training programs (including defensive driving, safe lifting, drug/alcohol awareness).
  • Insurability under the company’s commercial auto insurance policy. [Specify any limitations or exclusions]
  • Compliance with all FMCSA and Colorado trucking/transport regulations for applicable vehicle classes.

Employment Type, Work Hours & Location:

Full-time employment.

  • Standard work hours: [Number] hours per week.
  • Workweek schedule: [Days of the Week]
  • Delivery zone/location assignments: [Specify Delivery Zone/Location (e.g., Denver Metro, Mountain Regions)]
  • Overtime: As per Colorado law, employee will be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a workweek or over 12 hours in a workday.
  • On-call duties: [Specify details or state "None"]
  • Split Shifts: [Specify details or state "Not Applicable"]
  • Rest and Meal Breaks: The employee is entitled to a 30-minute uninterrupted meal period when the workday exceeds 5 hours and a 10-minute rest break for every 4 hours worked, in accordance with Colorado Wage Order 38 and COMPS Order #38.
  • Layover or Waiting Time: [Specify policies for layover/waiting time and compensation, complying with Colorado law]

Compensation:

  • Option A: Hourly wage of [Dollar Amount] per hour.
  • Option B: Annual salary of [Dollar Amount].
  • Payment method: [Check, Direct Deposit]
  • Pay cycle: [Weekly, Bi-weekly]
  • Overtime rate: Time-and-a-half for all hours worked over 40 per week or over 12 per day.
  • Bonuses: [Specify Bonus Structure, if any, e.g., safe delivery bonus]
  • Per-delivery incentives: [Specify per-delivery incentive structure, if any]
  • Mileage reimbursement: [Dollar Amount] per mile (consistent with IRS standard mileage rate, or higher).
  • Expense reimbursement: [Specify other reimbursable expenses and process]
  • Tips/gratuities policy: [Specify if tips are permitted and how they are handled]

Benefits:

  • Eligibility: [Specify eligibility requirements, e.g., after 30 days of employment]
  • Health insurance: [Specify details of health insurance plan]
  • Dental insurance: [Specify details of dental insurance plan]
  • Vision insurance: [Specify details of vision insurance plan]
  • Paid sick leave and family and medical leave: In compliance with the Colorado Healthy Families and Workplaces Act.
  • Vacation: [Specify vacation accrual policy]
  • Colorado statutory holidays: [List Colorado statutory holidays]
  • Unemployment insurance coverage: Provided as required by Colorado law.
  • State-mandated short-term disability: Provided as required by Colorado law.
  • Retirement plan: [Specify retirement plan options, e.g., 401(k)]
  • Optional Benefits:
    • Employee Assistance Program (EAP): [Specify details or state "Not Provided"]
    • Uniform or vehicle maintenance reimbursement: [Specify details or state "Not Provided"]
    • Training pay: [Specify details or state "Not Provided"]
    • Mobile device stipend: [Specify details or state "Not Provided"]

Workplace Safety:

Compliance with Colorado and OSHA workplace and road safety rules.

  • PPE requirements: Reflective vests, appropriate footwear, weather-appropriate gear.
  • Safe driving policies: Mandatory seat belt use, prohibition of texting or handheld device use while driving.
  • Drug and alcohol testing: [Specify testing protocol, complying with CDOT and FMCSA rules if applicable]
  • Reporting work-related injuries: As required under the Colorado Workers’ Compensation Act (C.R.S. § 8-40-101 et seq.).
  • Emergency procedures: [Specify emergency procedures]
  • Route hazard reporting: [Specify procedure for reporting route hazards]
  • COVID-19/Illness risk mitigation: [Specify company policies for COVID-19 or other illness risk mitigation]

Confidentiality:

The Employee agrees to maintain the confidentiality of route information, customer addresses, company delivery procedures, and any proprietary technology or logistics apps.

The Employee is prohibited from sharing sensitive data with third parties and must protect customer payment or identification data as required by state and federal law.

Intellectual Property & Equipment:

All employer-provided vehicles, devices, uniforms, keys, scanners, or other property remain the property of the Employer and must be returned upon termination of employment.

  • Personal use restrictions: [Specify restrictions on personal use of company property, e.g., vehicle use]
  • GPS/telematics monitoring: The Employee acknowledges that the Employer may use GPS or telematics systems to monitor vehicle location and driving behavior. This information will be used for safety, efficiency, and compliance purposes, consistent with Colorado privacy law.

Prohibited Activities:

  • Unauthorized use of the company vehicle.
  • Carrying unauthorized passengers.
  • Personal errands during work hours, unless explicitly authorized.
  • Transporting non-company packages.

Behavioral Policies:

  • Professional and respectful customer interactions.
  • Complaint escalation procedures: [Specify complaint escalation procedures]
  • Punctuality and attendance.
  • Dress code: Company-provided uniform or approved attire.
  • Prohibition of drug, alcohol, or intoxicant use while on duty.
  • Compliance with anti-harassment and anti-discrimination policies, as required under Colorado law (CADA, C.R.S. § 24-34-401 et seq.).
  • Reporting avenues for harassment or unsafe conduct: [Specify reporting avenues]

Employment Classification & At-Will Status:

The Employee is classified as a W-2 employee and is not an independent contractor.

This is an at-will employment relationship, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.

Termination Procedures:

  • Employee-initiated resignation: [Specify required notice period, if any]
  • Employer-initiated dismissal: For cause or without cause, at the Employer's discretion.
  • Layoff notice: [Specify layoff notice policy, if any]
  • Final pay and outstanding reimbursement: All final pay and outstanding reimbursements will be paid in accordance with Colorado law.
  • Return of equipment: The Employee must return all company-owned equipment upon termination of employment.
  • Required exit documentation: [Specify required exit documentation]

Dispute Resolution:

The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.

If negotiation is unsuccessful, the parties agree to participate in mediation or arbitration within Colorado before pursuing any other legal remedies.

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and any legal action related to this agreement shall be brought in a court of competent jurisdiction in [Specify County] County, Colorado.

Ongoing Training:

The Employee is required to participate in ongoing training, driver safety refreshers, regulatory changes, or digital tool updates, as required by the Employer.

Delivery Delays:

  • Process for adverse weather: [Specify process for dealing with adverse weather conditions, common in Colorado]
  • Road closures: [Specify process for dealing with road closures]
  • State of emergency or red flag warnings: [Specify process for state of emergency]
  • Client communication process: [Specify requirements for communicating with customers]
  • Safe alternate route usage: Use safe alternate routes in compliance with state and local emergency regulations.

Non-Solicitation & Confidentiality Post-Employment:

During the term of employment and for a period of [Number] months following termination of employment, the Employee agrees not to solicit any customers or employees of the Employer. This provision is narrowly tailored and only applies to the solicitation of customers or employees with whom the employee had direct contact during their employment. The Employee will continue to maintain confidentiality.

Compliance with Laws:

The Employee will comply with all relevant federal, state, and local laws, including CDOT, FMCSA (if applicable), city and county delivery restrictions (Denver, Boulder, etc.), snow chain and tire requirements, and emissions/vehicle inspections.

Accommodation & ADA Compliance:

The Employer will provide reasonable accommodations to qualified individuals with disabilities, as required by Colorado and federal law. The Employee must request any such accommodation in writing.

Reporting Lines & Communication:

  • The Employee will report to [Supervisor Name].
  • Methods for communicating schedule changes or emergency leave: [Specify preferred methods]
  • Company policy for shift swaps or coverage: [Specify policy]

Addenda & Updates:

The Employer may update this Agreement or company policies with reasonable notice to the Employee.

Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

____________________________
[Employee Name]
Employee Signature
Date

____________________________
[Company Representative Name]
Employer Signature
Date

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