Louisiana delivery driver employment contract template

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How Louisiana delivery driver employment contract Differ from Other States

  1. Louisiana follows a unique civil law system, which may impact contract interpretation differently compared to common law states.

  2. Employment contracts in Louisiana often require specific language for at-will status due to state legal precedents.

  3. Louisiana has distinct wage payment statutes and regulations that govern when and how delivery drivers must be paid.

Frequently Asked Questions (FAQ)

  • Q: Is non-compete enforceable in Louisiana delivery driver contracts?

    A: Non-compete clauses are enforceable under strict limitations, such as reasonable geographic scope and time period.

  • Q: Are meal and rest breaks required for delivery drivers in Louisiana?

    A: Louisiana law does not mandate specific meal or rest breaks for adult employees unless required by company policy.

  • Q: Does Louisiana law require written employment contracts for delivery drivers?

    A: Written contracts are not required but are strongly recommended to clearly define terms, duties, and compensation.

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Louisiana Delivery Driver Employment Contract

This Louisiana Full-Time Delivery Driver Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

[Employer Full Legal Name], a [Employer Type, e.g., Corporation] with its principal place of business at [Employer Full Physical Address], hereinafter referred to as “Employer,”

and

[Employee Full Legal Name], residing at [Employee Full Physical Address], hereinafter referred to as “Employee.”

Employer Contact Information:

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

Employee Contact Information:

  • Phone: [Employee Phone Number]
  • Email: [Employee Email Address]
  • Driver’s License State: [State]
  • Driver’s License Class: [Class]
  • Driver’s License Expiration Date: [Date]
  • Driver's License Number: [Number]

1. Position: Full-Time Delivery Driver

  • Option A: Job Duties include, but are not limited to:
    • Safe and efficient pickup, transit, and delivery of goods/packages.
    • Route planning and optimization within Louisiana (city, rural, interstate).
    • Professional interaction with customers/recipients.
    • Obtaining signatures or proof of delivery.
    • Handling returns/undeliverable items.
    • Inspecting vehicles before/after shifts.
    • Reporting mechanical/safety issues per Louisiana DOTD regulations.
    • Compliance with Louisiana traffic laws and commercial driving regulations.
    • Daily logbook completion (if applicable under FMCSA).
    • Prompt communication with dispatch.
    • Adherence to employer’s appearance, hygiene, and uniform standards.
  • Option B: Job Duties include a subset of duties in Option A, specifically: [List Specific Duties]
  • Option C: Other Job Duties: [Describe Other Job Duties]

2. Qualifications:

  • Option A: Requirements include:
    • Valid Louisiana Driver’s License (minimum Class [Class]).
    • Clean driving record.
    • [Specify Endorsements, e.g., Hazmat] endorsement(s), if required.
    • Successful completion of background check.
    • Successful completion of drug and alcohol screen (following LWC guidelines).
    • Motor Vehicle Record (MVR) periodic review.
  • Option B: Requirements include only: [List Specific Requirements]
  • Option C: Additional Requirements: [Describe Additional Requirements]

3. Work Location(s):

  • Option A: Service area(s): [List Louisiana cities, parishes, or regions]. Starting/ending point: [Specify Location]. Travel: Limited within Louisiana.
  • Option B: Service area(s): [List Louisiana cities, parishes, or regions]. Starting/ending point: [Specify Location]. Travel: Includes neighboring states of [List States].
  • Option C: Other Work Location Details: [Describe Specific Locations or Constraints]

4. Employment Type and Schedule:

  • Option A: Full-time (minimum [Number] hours per week). Expected work schedule: [Specify Daily/Weekly Hours and Shift Start/End Times]. Overtime, meal, and rest breaks will be administered according to Louisiana labor laws and company policy. While Louisiana does not mandate daily breaks, company policy is as follows: [Describe Break Policy].
  • Option B: Full-time (minimum [Number] hours per week). Expected work schedule: [Specify Daily/Weekly Hours and Shift Start/End Times]. Overtime is pre-approved only and to be administered according to Louisiana labor laws. No scheduled breaks.
  • Option C: Part-time [Number] hours per week). Expected work schedule: [Specify Daily/Weekly Hours and Shift Start/End Times]. Overtime is not pre-approved. No scheduled breaks.

5. Compensation:

  • Option A: Base hourly wage/salary: [Dollar Amount] per [Hour/Week/Pay Period]. Pay cycle: [Weekly/Bi-Weekly/Monthly]. Overtime pay for hours exceeding 40 per week as required by federal and state law. Eligibility for [Mileage Reimbursement/Per-Delivery Incentives/Both]. Details on tips/gratuities: [Describe Handling of Tips/Gratuities]. [Customer Satisfaction-Based Bonuses/Safety Incentives/Both]: [Describe Bonus/Incentive Structure]. Method of wage payment per Louisiana wage payment statute: [Direct Deposit/Check]. Pay statements will include all information required by Louisiana law. Final pay requirements on termination will comply with Louisiana law.
  • Option B: Base hourly wage/salary: [Dollar Amount] per [Hour/Week/Pay Period]. Pay cycle: [Weekly/Bi-Weekly/Monthly]. No eligibility for Overtime pay, Mileage Reimbursement, Per-Delivery Incentives, Customer Satisfaction-Based Bonuses or Safety Incentives. Method of wage payment per Louisiana wage payment statute: [Direct Deposit/Check]. Pay statements will include all information required by Louisiana law. Final pay requirements on termination will comply with Louisiana law.
  • Option C: Compensation structure with any extra details: [Describe Detailed Compensation Structure]

6. Benefits:

  • Option A: Benefits include: Health insurance (ACA compliant), vision, dental, life insurance, short- and long-term disability, 401(k) or other retirement options, paid time off (PTO) (Louisiana-recognized holidays, vacation, sick leave, bereavement, parental leave policy: [Describe Policy Details or Reference Employee Handbook]), access to local wellness programs, student loan support, tax-advantaged commuter benefits.
  • Option B: Benefits include only: Health insurance (ACA compliant), and paid time off (PTO) [Describe Policy Details or Reference Employee Handbook].
  • Option C: No benefits provided, in addition to no health insurance and paid time off.

7. Vehicle Usage:

  • Option A: Company vehicle will be provided. Insurance coverage provided by Employer. Employee is responsible for reporting accidents/incidents immediately. GPS tracking is in use; data is used for safety and legal compliance. No unauthorized passengers.
  • Option B: Personal vehicle required. Employee must maintain minimum liability insurance coverage per Louisiana law (proof of coverage required). Fuel reimbursement provided at [Dollar Amount] per mile. Employee responsible for maintenance. Employee is responsible for reporting accidents/incidents immediately.
  • Option C: No vehicle usage required; alternative transportation provided.

8. Drug and Alcohol Testing:

  • Option A: Employee is subject to Louisiana and federal drug and alcohol testing, including random and post-incident testing. Breach of policy will result in immediate suspension pending investigation, potentially leading to termination.
  • Option B: Employee is subject to only post-incident drug and alcohol testing. Breach of policy will result in immediate suspension pending investigation, potentially leading to termination.
  • Option C: No drug and alcohol testing required.

9. Confidentiality:

  • Option A: Employee must treat company, customer, and delivery information as confidential. Prohibited from discussing sensitive deliveries. Customer data use limited to job purposes. Compliance with privacy laws required. Must report lost or stolen items immediately.
  • Option B: Employee must treat company, customer, and delivery information as confidential. Prohibited from discussing sensitive deliveries. Customer data use limited to job purposes. Compliance with privacy laws required.
  • Option C: Confidentiality details: [Describe Confidentiality Details]

10. Property and Expenses:

  • Option A: Employee must properly use and return uniforms, devices (phones/tablets), keys, and company credit cards. Expense submission process: [Describe Process].
  • Option B: Employee must properly use and return uniforms, devices (phones/tablets), keys, and company credit cards. No expense submission process provided.
  • Option C: No company property or expenses provided.

11. Non-Solicitation and Non-Disclosure:

  • Option A: During employment and for [Number] months after termination, Employee agrees not to solicit Employer’s customers or employees. Employee shall not disclose confidential information. This clause is narrowly defined as permitted by Louisiana Revised Statute §23:921, with the following limitations: [Describe Geographic or Client-Specific Limits].
  • Option B: Employee shall not disclose confidential information.
  • Option C: No non-solicitation or non-disclosure clause.

12. At-Will Employment and Termination:

  • Option A: Employment is at-will. Employee may resign voluntarily. Employer may terminate employment for gross misconduct (theft, intoxication on duty, violation of safety rules), repeated policy violations, or layoffs, all in line with Louisiana employment at-will law. Required written notice for voluntary resignation: [Number] days. Final pay procedures will comply with state wage law.
  • Option B: Employment is at-will. Employee may resign voluntarily. Employer may terminate employment for any reason. No required written notice for voluntary resignation. Final pay procedures will comply with state wage law.
  • Option C: Termination policy details: [Describe Termination Policy]

13. Dispute Resolution:

  • Option A: Any disputes will be subject to the following process. First, internal complaint escalation. Then, mediation/arbitration. Louisiana law and courts are designated as venue. Claims under federal or state wage, workplace safety, or anti-discrimination statutes are subject to statutory process.
  • Option B: Any disputes will be subject to Louisiana law and courts are designated as venue. Claims under federal or state wage, workplace safety, or anti-discrimination statutes are subject to statutory process.
  • Option C: No dispute resolution process.

14. Equal Opportunity Employment:

  • Option A: Employer adheres to anti-harassment, equal employment opportunity, and non-discrimination policies, protecting all categories under federal and Louisiana law (race, color, religion, sex, national origin, disability, age, genetic information, and any additional classes as protected locally).
  • Option B: Employer adheres to anti-harassment, equal employment opportunity, and non-discrimination policies protecting all categories under federal and Louisiana law (race, color, religion, sex, national origin, disability, age, genetic information).
  • Option C: Employer may or may not adhere to anti-harassment, equal employment opportunity, and non-discrimination policies protecting all categories under federal and Louisiana law.

15. Workers’ Compensation:

  • Option A: Compliance with Louisiana and federal workers’ compensation statutes. On-the-job accident/injury reporting procedures: [Describe Procedures]. Employee has the right to seek medical attention. Claims handling will comply with Louisiana law.
  • Option B: On-the-job accident/injury reporting procedures: [Describe Procedures]. Employee has the right to seek medical attention. Claims handling will comply with Louisiana law.
  • Option C: Non-compliance with Louisiana and federal workers’ compensation statutes.

16. Training and Certification:

  • Option A: Required training and certification: defensive driving, hazardous materials, food safety (if delivering perishables). Employer will pay for certifications and required continuing education in line with applicable Louisiana standards.
  • Option B: Only defensive driving is required. Employer will pay for certifications and required continuing education in line with applicable Louisiana standards.
  • Option C: No training or certifications required.

17. Reporting Procedures:

  • Option A: Clear process for reporting workplace complaints, harassment, unsafe conditions, or alleged legal violations. Company guarantees non-retaliation as required by law. Reporting process is [Describe Process or Reference Employee Handbook].
  • Option B: Company guarantees non-retaliation as required by law.
  • Option C: No complaints are allowed.

18. Tracking and Privacy:

  • Option A: GPS or app-based tracking and dash cams are in use. Data is used for safety and legal compliance. Notice is consistent with Louisiana electronic surveillance law.
  • Option B: GPS or app-based tracking in use.
  • Option C: No GPS tracking or dash cams used.

19. Uniform and PPE:

  • Option A: Uniform requirements: [Describe Uniform Requirements]. Dress code: [Describe Dress Code]. Personal protective equipment (PPE) use required, especially for hazardous weather. Employer provides necessary PPE in compliance with Louisiana OSHA standards.
  • Option B: Only uniform is required: [Describe Uniform Requirements].
  • Option C: No uniform requirements, dress code or PPE needed.

20. License and Legal Issues:

  • Option A: Employee must notify Employer immediately of license suspension, vehicle accident, arrest, or other legal issues affecting fitness to perform job.
  • Option B: Employee must notify Employer immediately of license suspension.
  • Option C: Employee is not required to notify employer of any issues.

21. Severe Weather/Disaster Protocols:

  • Option A: Company has a policy and provides support for compliance with severe weather, hurricane, or natural disaster protocols, including driver safety and emergency contacts, reflecting Louisiana’s weather realities. Policy details: [Describe or Reference Employee Handbook].
  • Option B: Company has a policy on driver safety. Policy details: [Describe or Reference Employee Handbook].
  • Option C: No support is provided.

22. Tips and Cash Handling:

  • Option A: Policy on tips, gratuities, and cash handling: [Describe Policy]. Employer obligations for reporting and tax compliance per Louisiana Department of Revenue guidelines.
  • Option B: Policy on tips, gratuities, and cash handling: [Describe Policy].
  • Option C: No tips and cash handling required.

23. Governing Law:

  • Option A: This Agreement shall be interpreted under and in accordance with the laws of the State of Louisiana. This contract is subject to amendment should Louisiana law change.
  • Option B: This Agreement shall be interpreted under and in accordance with the laws of the State of Louisiana.
  • Option C: All terms must be interpereted as the employer sees fit.

24. Acknowledgement:

  • Option A: Employee certifies understanding of all policies, with opportunity for orientation or explanation.
  • Option B: Employee certifies understanding of all policies.
  • Option C: Employee certifies that they have signed without reading.

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

____________________________
[Employer Full Legal Name]

By: ____________________________
[Employer Representative Name and Title]

____________________________
[Employee Full Legal Name]

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