Maine delivery driver employment contract template

Maine Delivery Driver Employment Contract

This Maine Delivery Driver Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Name], a company organized and existing under the laws of Maine, with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

Position and Employment Classification

• The Employer hires the Employee as a Full-Time Delivery Driver.
• Employment Classification:
  • Option A: Full-Time Employee
  • Option B: Part-Time Employee (Note: Adjust benefits and scheduling accordingly to comply with Maine law)

Job Description

• The Employee's primary responsibilities include, but are not limited to:
  • Safe operation of assigned delivery vehicles in all Maine weather conditions, including winter driving with snow/ice considerations.
  • Timely delivery and pick-up of packages, goods, or food to specified locations within [Specific Maine Delivery Area/Radius, e.g., Cumberland County].
  • Accurate completion of delivery logs, proof of delivery, and daily route sheets, maintained according to company and regulatory requirements.
  • Inspection and pre/post-trip maintenance checks specific to Maine vehicle requirements (lights, wipers, tires for seasonal conditions).
  • Adherence to company-mandated and Maine Department of Transportation (MDOT) standards for vehicle use, equipment, and compliance.
  • Following all applicable traffic, parking, and idling laws per Maine statutes and local ordinances (e.g., quiet zones near hospitals).
  • Maintaining professional customer interactions at delivery sites within Maine communities.
  • Reporting accidents, traffic citations, vehicle issues, or delivery incidents in line with Maine employer notification laws.

Work Location/Delivery Area

• Option A: Fixed Route: The Employee's primary delivery area will be [Specific Maine Town/City].
• Option B: Variable Route: The Employee's delivery area may vary depending on the needs of the business but will be primarily located within [Specific Maine County/Region]. Routes will vary by:
  • Season (adjustments for winter weather conditions)
  • Daily dispatch assignments

Work Schedule

• This is a full-time position. The regular work schedule is: [Number] hours per week.
  • Expected hours of work are from [Start Time] to [End Time], [Days of the Week].
  • The Employee is entitled to break periods and meal/rest requirements as mandated by Maine labor code (26 MRS §601, 603), including: [Specify Break Times and Durations].
• Option A: Overtime: Overtime will be paid at a rate of 1.5 times the regular hourly rate for any hours worked over 40 in a workweek, as required by Maine law.
• Option B: No Overtime: The Employee is not eligible for overtime pay. (Note: This option may not be compliant with Maine law depending on job duties and compensation).
• Mandatory Overtime: Employer may require overtime when necessary, with reasonable notice where possible.

Compensation

• Option A: Hourly: The Employee's base gross hourly rate is [Hourly Rate], which meets or exceeds Maine's current minimum wage.
• Option B: Salaried: The Employee's base gross annual salary is [Salary Amount], payable in [Pay Frequency, e.g., bi-weekly] installments.
• Pay Frequency:
  • Option A: Weekly
  • Option B: Bi-Weekly
  • Option C: Semi-Monthly
• Payment Method:
  • Option A: Direct Deposit
  • Option B: Paycheck
• Tips/Gratuities/Service Charges:
  • Option A: The Employee is permitted to receive tips from customers. All tips belong to the Employee and will be tracked and reported as required by law. Employer follows Maine tip credit provisions.
  • Option B: No tips are permitted.
• Performance-Based Bonuses:
  • Option A: The Employee is eligible for performance-based bonuses based on [Specific Criteria, e.g., safe driving record, on-time deliveries, customer satisfaction scores].
  • Option B: The Employee is not eligible for performance-based bonuses.

Benefits

• Health Insurance:
  • Option A: The Employee is eligible for health insurance coverage after [Waiting Period]. Details of the health insurance plan are outlined in the Employee Benefits Handbook. (ACA/Maine-specific provisions apply).
  • Option B: The Employer does not offer health insurance benefits.
• Dental Insurance:
  • Option A: The Employee is eligible for dental insurance coverage after [Waiting Period]. Details of the dental insurance plan are outlined in the Employee Benefits Handbook.
  • Option B: The Employer does not offer dental insurance benefits.
• Vision Insurance:
  • Option A: The Employee is eligible for vision insurance coverage after [Waiting Period]. Details of the vision insurance plan are outlined in the Employee Benefits Handbook.
  • Option B: The Employer does not offer vision insurance benefits.
• Paid Time Off (PTO):
  • The Employee will accrue paid time off (vacation and sick leave) in accordance with the Employer's PTO policy and Maine Earned Paid Leave law (26 MRS §637).
  • Accrual Rate: [Accrual Rate per Pay Period].
• Holidays: The Employee is entitled to the following paid holidays: [List of Maine Holidays].
• Retirement Plan:
  • Option A: The Employer offers a retirement plan with a matching contribution of [Matching Percentage]. Details of the retirement plan are outlined in the Employee Benefits Handbook.
  • Option B: The Employer does not offer a retirement plan.
• Mileage Reimbursement/Fueling Policy:
  • Option A: The Employee will be reimbursed for mileage driven in their personal vehicle for work purposes at the rate of [Mileage Rate] per mile.
  • Option B: The Employer provides a company vehicle and covers all fuel costs.
• Uniform/Equipment Allowance:
  • Option A: The Employee will receive a uniform allowance of [Allowance Amount] per [Time Period].
  • Option B: The Employer provides uniforms at no cost to the Employee.
• Mobile Device/Data Reimbursement:
  • Option A: The Employee will be reimbursed [Reimbursement Amount] per month for the business use of their personal mobile device.
  • Option B: The Employer will provide a company mobile device for business use.

Delivery Vehicle Requirements

• Option A: Company-Supplied Vehicle: The Employer will provide a safe and roadworthy vehicle for the Employee's use.
• Option B: Employee-Supplied Vehicle: The Employee will use their personal vehicle for deliveries and must maintain valid insurance and registration.
• Commercial Driver's License (CDL):
  • Option A: A Commercial Driver's License (CDL) is required for this position. The Employee must maintain a valid CDL with any necessary endorsements. (Per Maine DMV rules for vehicle weight).
  • Option B: A Commercial Driver's License (CDL) is not required for this position.
• Clean Driving Record: The Employee must maintain a clean driving record and immediately report any traffic violations or accidents to the Employer.
• Drug/Alcohol Testing:
  • Option A: The Employee is subject to drug and alcohol testing in accordance with company policy and applicable federal/state transportation law.
  • Option B: The Employee is not subject to drug and alcohol testing.
• Safety Compliance Programs: The Employee must participate in mandatory MDOT or USDOT safety compliance programs, as required.

Background Checks

The Employee's employment is contingent upon the successful completion of a criminal background check and driving history check, in compliance with Maine laws on employment background checks and driver privacy protections.

Vehicle Maintenance and Safety

The Employer is responsible for providing and maintaining safe, roadworthy vehicles and required safety equipment (e.g., snow tires, chains, emergency kits for winter routes). The Employee is responsible for daily vehicle care and reporting any maintenance issues to the Employer.

Distracted Driving

The Employee must comply with Maine's distracted driving laws (cellphone use, texting ban, etc.).

• Option A: The Employer utilizes telematics or monitoring devices in company vehicles. The scope of data tracking and employee privacy protections are outlined in the company's telematics policy.
• Option B: No telematics or monitoring devices are used.

Customer Service

The Employee is expected to provide excellent customer service and maintain a professional demeanor at all times. The Employee must adhere to the company's code of conduct and dress code/uniform requirements. The Employee is prohibited from having unauthorized passengers or cargo in company vehicles.

Substance Abuse and Impairment

The Employee must comply with the company's substance abuse and impairment policies, even concerning legalized marijuana, while on duty. This policy is based on workplace safety and legal compliance requirements.

Non-Solicitation/Personal Deliveries

The Employee is prohibited from soliciting customers or performing personal deliveries/tasks while on duty. Non-Solicitation Period: [Period of Time]. This provision is not intended to create an unlawful non-compete limitation.

Intellectual Property and Confidentiality

The Employee agrees to protect the Employer's confidential information, including routing information, customer lists, and proprietary delivery methods. The Employee will protect customer addresses and shipment details.

Disciplinary Procedures

• The Employee is subject to disciplinary action for traffic violations, at-fault accidents, policy breaches, or repeated lateness.
• The Employer follows a progressive discipline policy, which includes verbal warnings, written warnings, suspension, and termination.
• This employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, subject to applicable Maine law.
• Notice Period: [Notice Period, e.g., Two Weeks] notice of resignation is requested.
• Final Wage Payment: Upon termination, the Employee will receive their final wage payment in accordance with Maine law.
• Return of Company Property: The Employee must return all company property (vehicle, keys, tools, uniforms, mobile devices) upon termination of employment.

Inclement Weather

In the event of inclement weather or hazardous road conditions, the Employer will determine whether to suspend delivery routes. Employee pay during route suspensions due to Maine state emergencies will be handled according to Maine wage law.

Workers' Compensation

The Employee is covered by workers' compensation insurance as required by Maine law. The Employee must report any on-the-job injuries to the Employer immediately, in compliance with state procedures.

Occupational Safety and Health

The Employer will comply with all applicable OSHA and MDOL requirements, including providing safety vests, appropriate footwear, a first aid kit, and ergonomic considerations for lifting and carrying goods. Emergency Contact Protocols: [Detailed Emergency Contact Information] specific to Maine regulations.

Anti-Discrimination and Anti-Harassment

The Employer prohibits discrimination and harassment based on any protected category under the Maine Human Rights Act (age, sex, sexual orientation, race, religion, national origin, disability, etc.). The Employer provides reasonable accommodations for disabilities, in accordance with Maine law. Complaint/Grievance Process: [Outline Complaint/Grievance Process] per Maine law.

Lost/Damaged Goods and Accidents

The Employee must follow the company's procedures for reporting lost or damaged goods, theft, vandalism, or vehicle accidents. Reporting Procedures: [Step-by-Step Reporting Procedures] per Maine regulatory requirements and company insurance terms.

Union Membership (If Applicable)

This position is [Is/Is Not] covered by a collective bargaining agreement with [Union Name]. Reference to applicable Maine labor relations statutes.

Dispute Resolution

• Steps for Internal Complaint Escalation: [Detailed Escalation Steps].
• Option A: Mediation: Any disputes arising out of or relating to this Agreement shall be submitted to mediation in Maine.
• Option B: Arbitration: Any disputes arising out of or relating to this Agreement shall be submitted to binding arbitration in Maine.
• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Maine. Venue for any legal action shall be in [Specific Maine County].
• Jury Trial Waiver: To the extent permitted by law, both parties waive their right to a jury trial.

Entire Agreement, Amendment, and Severability

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• This Agreement may be amended only by a written instrument signed by both parties.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Method for Notification of Changes: The Employer will notify the Employee of any changes to this Agreement or company policy in writing, [Notification Method, e.g., via email or written notice].

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]