Kentucky delivery driver employment contract template
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How Kentucky delivery driver employment contract Differ from Other States
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Kentucky mandates specific minimum wage requirements for delivery drivers, which may differ from other states’ rates and tip credit handling.
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State workers' compensation insurance coverage in Kentucky for delivery drivers is distinct, with unique industry-specific obligations for employers.
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Kentucky law has particular regulations on overtime eligibility and meal breaks for drivers, setting it apart from other U.S. states’ labor standards.
Frequently Asked Questions (FAQ)
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Q: Is overtime pay required for delivery drivers in Kentucky?
A: Yes, Kentucky law generally requires overtime pay for hours worked over 40 in a workweek, unless the driver is exempt.
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Q: Are employers required to provide meal breaks in Kentucky?
A: Kentucky law requires a reasonable period for lunch, typically at least 30 minutes, during a shift of 5 consecutive hours or more.
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Q: Must delivery drivers in Kentucky be classified as employees or contractors?
A: Classification depends on the working relationship. Many delivery drivers are employees, but true independent contractors may qualify differently.
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Kentucky Delivery Driver Employment Contract
This Kentucky Full-Time Delivery Driver Employment Agreement (the "Agreement") is made and entered into as of [Date of Signing], by and between:
[Employer Full Legal Name], a [State of Formation] [Business Entity Type], with a principal place of business at [Employer Address] ("Employer"), and
[Employee Full Legal Name], residing at [Employee Address] ("Employee").
1. Employment
The Employer hires the Employee as a Full-Time Delivery Driver, and the Employee accepts such employment.
2. Job Responsibilities
The Employee's job responsibilities include, but are not limited to:
- Pickup and delivery of goods.
- Operating [Employer-provided or Employee-owned] vehicles.
- Maintaining delivery schedules.
- Route planning.
- Scanning/recording proof of delivery.
- Collecting customer signatures.
- Handling returns.
- Communicating delivery status to dispatch.
- Adhering to customer service protocols.
- Following all Employer policies and client-specific requirements.
Handling of Specific Items:
- Option A: The Employee may be required to handle [hazardous/perishable/high-value] goods. The Employee will receive training on proper handling procedures.
- Option B: The Employee will not be required to handle hazardous materials.
Compliance: The Employee must comply with all applicable transportation and safety procedures.
3. Delivery Area
The Employee's primary delivery area is [County/City/Specific Zones within Kentucky].
4. Vehicle Requirements
- Option A: Employer-Provided Vehicle
- The Employer will provide a vehicle for the Employee's use.
- The Employer is responsible for vehicle maintenance.
- The Employee is responsible for reporting any vehicle issues to the Employer immediately.
- The vehicle will be equipped with a [GPS/Telemetry/Tracking system].
- Option B: Employee-Owned Vehicle
- The Employee is responsible for providing and maintaining a vehicle that meets Kentucky vehicle registration, inspection, and insurance regulations.
- The Employee must maintain current insurance coverage as required by Kentucky law, and provide proof of insurance to the Employer.
- The Employee is responsible for all vehicle maintenance and repairs.
- The Employer has the right to inspect the vehicle's condition at any time.
- Fuel Policy: [Specify fuel reimbursement policy or allowance].
5. Licensing Requirements
The Employee must possess and maintain a valid Kentucky [Driver's License Type, e.g., Class D, CDL Class A] driver's license.
The Employee must have a clean driving record.
The Employee must immediately disclose any license suspension or revocation to the Employer.
6. Background Checks and Screening
The Employee is subject to criminal background checks and motor vehicle record (MVR) checks.
The Employee is subject to drug/alcohol screening consistent with Kentucky and federal DOT requirements.
Frequency of Screening: [Specify frequency, e.g., pre-employment, random, post-accident].
The Employer reserves the right to conduct random drug/alcohol tests.
7. Employment Classification and Schedule
The Employee is classified as a full-time employee.
Expected Weekly Hours: [Number] hours per week.
Regular Shift Schedule: [Specify days of the week and start/end times].
Overtime: Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by Kentucky and federal law.
Meal and Rest Breaks: The Employee is entitled to meal and rest breaks as required by Kentucky wage and hour law.
On-Call/Weekend/Holiday Work: [Specify any on-call, weekend, or holiday work expectations].
8. Compensation
Compensation Structure:
- Option A: Hourly Wage: The Employee will be paid an hourly wage of [Dollar amount] per hour.
- Option B: Weekly Salary: The Employee will be paid a weekly salary of [Dollar amount].
- Option C: Per-Delivery Rate: The Employee will be paid [Dollar amount] per delivery.
Kentucky Minimum Wage Compliance: The Employer guarantees that the Employee's compensation will comply with Kentucky's minimum wage laws.
Overtime Pay: Overtime will be calculated in accordance with Kentucky and federal law (time-and-a-half for hours over 40/week).
Time Tracking: The Employee will track their time using [Specify time tracking method, e.g., time clock, app, manual log].
Tips/Gratuities/Bonuses:
- Option A: Tips: Tips are [Allowed/Not Allowed].
- Option B: Bonus: The Employee may be eligible for a bonus based on [Specify criteria, e.g., safe driving, on-time performance]. The bonus structure is detailed in [Specify document or policy].
9. Pay Period and Payment
Pay Period: The Employee will be paid [Weekly/Bi-weekly/Monthly].
Payment Method: The Employee will be paid via [Direct deposit/Check].
Legal Deductions: Paychecks will be subject to legal deductions for taxes and other authorized withholdings.
10. Benefits
The Employer provides the following benefits:
- Health Insurance: [Specify health insurance options, eligibility, and contribution details].
- Dental Insurance: [Specify dental insurance options, eligibility, and contribution details].
- Vision Insurance: [Specify vision insurance options, eligibility, and contribution details].
- Paid Time Off (PTO): [Specify PTO accrual rate and usage policies].
- Sick Leave: [Specify sick leave accrual rate and usage policies, compliant with Kentucky law].
- Paid Family/Medical Leave: [Specify eligibility and terms, compliant with Kentucky and federal law].
- Holiday Pay: [Specify which holidays are paid and eligibility requirements].
- Retirement Plan: [Specify retirement plan eligibility and contribution details (e.g., 401k, IRA)].
- Reimbursement of Job-Related Expenses:
- Fuel: [Specify fuel reimbursement policy].
- Tolls: [Specify toll reimbursement policy].
- Parking: [Specify parking reimbursement policy].
- Uniforms: [Specify uniform policy and allowance, if any].
- Cell Phone/Data Stipend: [Specify cell phone/data stipend policy].
- Per Diem: [Specify per diem policy, if any].
- Mileage Reimbursement: If using a personal vehicle, mileage will be reimbursed at the IRS standard mileage rate.
11. Workers' Compensation
The Employer maintains workers' compensation insurance as required by Kentucky law.
Claim and Injury Reporting Procedures: The Employee must report any work-related injuries to [Designated person/department] immediately.
Light Duty/Return-to-Work Policies: [Specify light duty/return-to-work policies].
12. Occupational Safety
The Employee and Employer are responsible for occupational safety, including compliance with Kentucky Occupational Safety and Health Program (KYOSH) requirements.
Safe Vehicle Operation: The Employee must operate vehicles safely and in compliance with all traffic laws.
Accident Reporting: The Employee must report all accidents immediately to the Employer and the appropriate authorities.
Equipment Use: The Employee must use equipment safely and according to instructions.
Lifting and Material Handling: The Employee must follow safe lifting and material handling procedures.
Personal Protective Equipment (PPE): The Employee must use required PPE.
No Texting While Driving: The Employee is strictly prohibited from texting while driving.
Reporting: The Employee must immediately report all accidents, damage, or traffic violations occurring on or off duty.
13. Disciplinary Policies
The Employer may take disciplinary action, up to and including termination, for infractions such as:
- Speeding.
- Reckless driving.
- Customer complaints.
- Alcohol or substance use on duty.
Suspension/Termination Procedures: [Specify suspension/termination procedures].
14. Confidentiality and Data Protection
The Employee must maintain the confidentiality of delivery information, customer addresses, package contents, and Employer business policies.
Privacy Compliance: The Employee must comply with all privacy regulations for handling sensitive or regulated deliveries.
15. Anti-Discrimination and Equal Opportunity
The Employer is an equal opportunity employer and does not discriminate based on race, color, religion, national origin, sex, age (40+), disability, smoking status, or any other characteristic protected by Kentucky law.
The Employer maintains an anti-harassment policy.
Complaint Reporting: The Employee should report any incidents of discrimination or harassment to [Designated person/department].
Non-Retaliation: The Employer will not retaliate against any employee for reporting discrimination or harassment.
16. Employment-At-Will
This is an employment-at-will agreement, meaning that both the Employee and the Employer have the right to terminate the employment relationship at any time, with or without cause or notice, subject to applicable Kentucky law.
Notice Period: [Specify any required notice period for resignation].
Final Paycheck: The Employee's final paycheck will be issued within [Specify timeline, compliant with Kentucky law] of termination.
17. Termination
Termination may occur due to:
- Resignation.
- Misconduct.
- Company-initiated layoff.
- Termination for cause (e.g., DUI, loss of license, gross safety violations, theft).
Return of Property: Upon termination, the Employee must return all Employer property, including uniforms, devices, and vehicle keys.
18. Non-Compete/Non-Solicitation (If Applicable)
[Include only if applicable. This section MUST be narrowly tailored to be enforceable under Kentucky law.]
Non-Compete: The Employee agrees not to compete with the Employer within [Specify geographic area] for a period of [Specify time period] following termination of employment. This restriction applies to [Specify scope of prohibited activities].
Non-Solicitation: The Employee agrees not to solicit the Employer's customers or employees for a period of [Specify time period] following termination of employment.
19. Intellectual Property
[Include only if applicable.]
The Employee agrees that any intellectual property developed during their employment is the sole property of the Employer.
20. Dispute Resolution
The parties agree to attempt to resolve any disputes through internal grievance processes.
If internal resolution fails, the parties agree to attempt mediation or arbitration before pursuing litigation.
Venue: Any legal action related to this agreement shall be brought in [Specify county/court] in Kentucky.
Governing Law: This agreement shall be governed by the laws of the Commonwealth of Kentucky.
21. Record-Keeping and Data Management
The Employee must adhere to Employer policies regarding record-keeping, GPS and route data management, and delivery confirmation protocols.
The Employee must use Employer-issued apps, devices, or logs as required.
22. Emergency Procedures
The Employee must follow Employer policies for weather disruptions, vehicle breakdowns, and emergency procedures.
The Employee must communicate with dispatch in case of route blockage or hazardous conditions.
23. Kentucky-Specific Requirements
[Specify any state or local licensing, drug testing, or safety training requirements particular to Kentucky]. Example: Compliance with KYU carrier number requirements.
24. Collective Bargaining (If Applicable)
[Include only if applicable.]
This employment is [Subject to/Not Subject to] a collective bargaining agreement with [Union Name].
25. Compliance with Laws
The Employer and Employee agree to comply with the federal Fair Labor Standards Act (FLSA), Department of Transportation (DOT) rules, and any industry-specific regulations applicable to Kentucky delivery drivers.
26. Local Ordinances
The Employee must comply with local ordinances regarding delivery hours, parking, noise, and entry to restricted or residential zones.
27. Cash Handling
The Employee must adhere to Employer policies for customer cash handling, receipt issuance, and credit card processing for deliveries.
The Employee must follow Employer theft prevention protocols.
28. Reporting Threats
The Employee must report any harassment, unsafe client locations, or threats encountered during deliveries to [Designated person/department].
29. Agreement Updates
All documentation, policies, and forms referenced in this contract are available for Employee review.
This agreement may be updated to reflect changes in Kentucky law or Employer policy. The Employee will receive clear notice of any updates and will be required to acknowledge the changes.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Full Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Full Legal Name]
Signature: ____________________________