Indiana delivery driver employment contract template
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How Indiana delivery driver employment contract Differ from Other States
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Indiana enforces specific wage payment and frequency requirements not mandated in all states, impacting payroll schedules.
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The state has unique rules regarding mileage reimbursement and vehicle maintenance for delivery drivers using personal vehicles.
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Indiana law requires tailored unemployment insurance provisions based on state eligibility standards for delivery drivers.
Frequently Asked Questions (FAQ)
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Q: Is overtime pay mandatory for delivery drivers in Indiana?
A: Yes, Indiana follows federal overtime laws, so non-exempt delivery drivers are entitled to overtime pay over 40 hours weekly.
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Q: Do Indiana delivery driver contracts need to include meal and rest break policies?
A: Indiana does not require private employers to provide meal and rest breaks, but including such policies is strongly recommended.
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Q: Are non-compete clauses enforceable in Indiana delivery driver contracts?
A: Non-compete clauses are enforceable in Indiana if they are reasonable in scope, time, and geographic area.
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Indiana Delivery Driver Employment Agreement
This Full-Time Delivery Driver Employment Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).
1. Position
The Employer hereby employs the Employee as a Full-Time Delivery Driver.
2. Duties and Responsibilities
The Employee’s primary duties and responsibilities include, but are not limited to:
- Option A: Driving a company-provided vehicle for deliveries.
- Option B: Driving a personal vehicle for deliveries.
- Planning and following assigned delivery routes within the state of Indiana.
- Safe and timely delivery and pick-up of goods.
- Communicating with customers and obtaining signatures as required.
- Loading and unloading packages.
- Maintaining accurate delivery logs and completing daily manifests.
- Adhering to established delivery schedules.
- Immediately reporting any delays, accidents, or incidents to the designated supervisor.
3. Qualifications
To be eligible for and to maintain employment in this position, the Employee must possess and maintain the following qualifications:
- A valid Indiana driver's license, [Minimum Commercial License Class if Required].
- A clean driving record, as determined by Employer's insurance carrier.
- Knowledge of local Indiana geography and traffic laws.
- Ability to effectively use delivery technology (e.g., GPS, handheld scanners).
- Successful completion of employer-mandated drug and alcohol screens, as permitted by Indiana law and company policy.
4. Reporting Relationship
The Employee will report directly to [Supervisor Title] or their designee.
Expectations include:
- Adherence to company communication protocols.
- Regular check-in procedures as determined by the supervisor.
- Use of GPS and route optimization systems as directed.
- Compliance with employer vehicle maintenance, fueling, and inspection routines.
5. Work Location and Schedule
The Employee’s primary base of operations will be at [Work Location Address].
The Employee's geographic delivery territory is [Specific Indiana Counties or Municipalities].
Regular reporting to designated warehouses or depots as instructed.
The Employee's work schedule will be [Start Time] to [End Time], [Number] days per week, with expected on-call availability as determined by the Employer.
Overtime may be required. Procedures for requesting shift changes will be as outlined in the employee handbook.
6. Employment Classification and Hours
The Employee is classified as a full-time employee under Indiana law.
The Employee's schedule will be a minimum of [Number] hours per week.
The Employee is eligible for overtime pay at a rate of one and one-half (1.5) times the regular hourly rate for all hours worked over forty (40) in a workweek, as required by Indiana and federal law.
The Employer will provide reasonable rest and meal breaks, consistent with industry best practices.
7. Compensation
- Option A: The Employee’s base hourly rate is [Dollar Amount] per hour.
- Option B: The Employee’s annual salary is [Dollar Amount].
- Overtime pay will be calculated in accordance with Indiana and FLSA regulations.
- Option A: The Employee is eligible for commission or incentives based on [Description of Commission/Incentive Structure].
- Option B: No commission or incentives will be paid.
- If using a personal vehicle, the Employee will be reimbursed for mileage at a rate of [Dollar Amount] per mile, as required by Indiana wage and hour law.
- The Employee will be paid [Pay Frequency] via [Direct Deposit/Check].
- Payment will be made in accordance with the Indiana Wage Payment Statute.
8. Benefits
The Employee is eligible for the following benefits:
- Health, dental, and vision insurance.
- Eligibility for short-term and long-term disability insurance.
- Life insurance.
- 401(k) or retirement plan, including [Employer Match Details, if applicable].
- Paid vacation, sick leave, and personal days as detailed in the employee handbook.
- Paid jury duty and military leave as mandated by Indiana law.
- Holiday pay for recognized Indiana holidays as listed in the employee handbook.
- Option A: A uniform allowance of [Dollar Amount] per [Frequency].
- Option B: The company provides uniforms.
- Reimbursement or direct payment for tolls, parking, tools, and safety equipment as reasonably required and pre-approved by the Employer.
9. Vehicle Use and Maintenance
- Option A: Employer-Provided Vehicle:
- The Employee will operate an employer-provided vehicle.
- The Employee is responsible for maintaining the vehicle in safe operating condition and reporting any defects immediately.
- Use of the vehicle for personal business is [Allowed/Prohibited] under the conditions outlined in the company policy.
- The vehicle may be equipped with GPS or other electronic monitoring devices, consistent with Indiana privacy laws.
- The Employee is responsible for all traffic violations and accidents incurred while operating the vehicle, subject to Employer’s insurance policy.
- Option B: Employee-Owned Vehicle:
- The Employee will use their personal vehicle for deliveries.
- The Employee must maintain vehicle insurance with minimum coverage levels of [Liability Coverage Amount], [Uninsured Motorist Coverage Amount], and [Property Damage Coverage Amount].
- The Employee is responsible for regular safety inspections and maintenance of their vehicle.
- The Employer reserves the right to review the Employee's insurance and registration documents.
10. Safety and Compliance
The Employee must comply with all federal and Indiana Department of Transportation (DOT) safety regulations, hours-of-service limits (if applicable), and random or post-accident drug and alcohol testing requirements, as governed by state and federal law.
11. Customer Service and Conduct
The Employee must maintain a professional demeanor and provide excellent customer service at all times.
The Employee must adhere to the Employer's uniform and appearance standards as outlined in the employee handbook.
Use of communication devices (cell phone, two-way radio) must be consistent with Indiana’s distracted driving laws and the Employer’s electronic communication/recording policies.
The Employee is expected to interact with customers in a courteous and professional manner at all delivery sites.
12. Confidentiality and Data Protection
The Employee must maintain the confidentiality of customer data (names, addresses, payment details) and commercial information about routes or clients.
The Employee is prohibited from unauthorized sharing of delivery information.
The Employee must comply with the Employer’s privacy and data security protocols.
13. Tips and Gifts
The Employee is [Prohibited/Permitted under specified conditions] from soliciting or accepting tips, gifts, or cash from customers, unless specifically allowed by company policy.
14. Equal Employment Opportunity
The Employer is an equal opportunity employer and complies with all Indiana non-discrimination, equal employment, and anti-harassment laws, including the Indiana Civil Rights Act. The Employer does not discriminate on the basis of race, color, religion, sex, disability, ancestry, national origin, veteran status, age, or genetics (where applicable). Procedures for reporting and addressing complaints are outlined in the employee handbook. The Employee is required to participate in training as required by the company.
15. Intellectual Property
Any inventions, process improvements, or route optimizations developed by the Employee during the course of employment shall be the sole property of the Employer.
16. At-Will Employment
The Employee’s employment is at-will, as defined by Indiana law. The Employer has the right to terminate the Employee’s employment for cause or for no cause, at any time. The Employee also has the right to resign at any time. Termination notice requirements are [Number] days for the employer and [Number] days for the employee. Upon termination, the Employee will receive a final paycheck in accordance with Indiana law. The Employee must return all Employer property (vehicles, uniforms, devices, keys) upon termination.
17. Post-Employment Restrictions
The Employee agrees to maintain the confidentiality of all confidential information after termination of employment.
The Employee agrees not to solicit the Employer’s customers for a period of [Number] months following termination of employment.
[Non-Compete Clause Details, if applicable, and compliant with Indiana law]
18. Workplace Safety
The Employer is committed to providing a safe workplace and complies with all Indiana Occupational Safety and Health Administration (IOSHA) standards.
The Employee is required to report all workplace injuries, vehicle accidents, and unsafe conditions immediately.
The Employee is covered by workers’ compensation insurance as mandated by Indiana law. Procedures for claims are outlined in the employee handbook.
19. Dispute Resolution
Any disputes arising out of or relating to this Agreement will be resolved through the following process: first, internal grievance procedures as outlined in the employee handbook; second, mediation or arbitration. Indiana state law and courts shall be the governing law and forum for any disputes.
20. Tax Withholdings
The Employer will comply with all federal and Indiana tax withholding requirements, including Social Security and Medicare contributions. The Employee is responsible for reporting tips, if permitted.
21. Modifications
Any changes or modifications to this Agreement must be in writing and signed by both parties.
22. License Status
The Employee must notify the Employer immediately of any changes to their driver's license status, including any citations or disqualifications.
23. Personal Property
The Employer is not responsible for any loss or damage to the Employee’s personal property in the vehicle.
24. 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.
25. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
26. Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
27. Assignment
This Agreement may not be assigned by the Employee without the prior written consent of the Employer. The Employer may assign this agreement to any successor entity.
28. Incorporation by Reference
The Employer's employee handbook, safety policy documents, and route protocols are incorporated herein by reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Full Legal Name]
Signature: ____________________________
Date: [Date]