Massachusetts delivery driver employment contract template

Massachusetts Delivery Driver Employment Contract

This Full-Time Delivery Driver Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Position:

• Option A: Full-Time Delivery Driver.
• Option B: Delivery Driver, specializing in [Specialization, e.g., Food Delivery, Pharmaceutical Delivery].

Job Description: Employee shall operate a vehicle to deliver packages, goods, or materials to designated locations within Massachusetts. Duties include, but are not limited to: operating a vehicle safely and efficiently; loading, unloading, and handling packages with care; planning and following efficient delivery routes; utilizing navigation and dispatch systems; adhering to delivery schedules; obtaining required signatures or proof of delivery; providing excellent customer service; reporting accidents, incidents, or delays promptly; and maintaining accurate delivery records.

2. Employment Location(s):

• Option A: Employee's primary work location shall be at the Employer's warehouse/depot located at [Warehouse/Depot Address].
• Option B: Employee's assigned delivery territory shall be within [Specific Massachusetts City/Town/Region]. Employee may be required to report to [Designated Reporting Location] for route assignments and check-in/check-out procedures.

The Employee may be required to make deliveries to various customer premises throughout Massachusetts. The maximum delivery radius is [Number] miles from [Starting Point/Reporting Location].

3. Work Hours:

• Option A: The Employee’s standard full-time work hours are [Number] hours per week, typically from [Start Time] to [End Time], [Days of the Week].
• Option B: Employee will work a varying schedule, as assigned by the Employer, with a minimum of [Number] hours per week.

The Employee is entitled to a [Number]-minute meal break for shifts exceeding six (6) hours, as required by Massachusetts law.

Employee must report all overtime worked to [Supervisor Name/Department] for approval. Overtime will be compensated at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked over forty (40) in a workweek, as required by Massachusetts General Laws Chapter 151, Section 1A.

Employee may be required to work early mornings, evenings, weekends, and holidays as needed.

4. Compensation:

• Option A: Employee will be paid an hourly wage of [Dollar Amount] per hour.
• Option B: Employee will be paid a salary of [Dollar Amount] per [Pay Period: e.g., week, bi-week].

Pay frequency: Payments will be made [Weekly/Bi-Weekly] via [Direct Deposit/Check].

Overtime will be paid as outlined in Section 3.

Tips/Gratuities: [Options: Employee is permitted to accept tips/gratuities. / Employee is not permitted to accept tips/gratuities. / Tips/Gratuities are pooled and distributed according to Company policy.]

Reimbursement of Expenses: The Employer will reimburse Employee for reasonable and necessary work-related expenses, including [Specific Expenses: e.g., Mileage (if personal vehicle used) at the current IRS rate, Tolls, Parking, EZ-Pass transponder fees, Uniform cleaning], in accordance with Massachusetts wage and hour requirements. Expense reports must be submitted with receipts to [Designated Person/Department] on a [Frequency: e.g., Weekly, Monthly] basis.

5. Performance-Based Incentives:

• Option A: Employee is eligible for a performance-based bonus of up to [Dollar Amount or Percentage] per [Time Period: e.g., Quarter, Year], based on achievement of performance metrics including [Specific Metrics: e.g., On-time delivery rate, Customer satisfaction scores, Safety record].
• Option B: Employee may be eligible for safety incentives, perfect attendance rewards, or customer service awards as determined by the Employer.

Specific eligibility criteria and payout details are outlined in the Employer's Incentive Program Policy.

6. Benefits:

Health, Dental, and Vision Insurance: Employee is eligible to participate in the Employer's health, dental, and vision insurance plans, subject to the terms and conditions of those plans and applicable eligibility requirements. Benefits are ACA-compliant.

Paid Time Off (PTO): Employee will accrue PTO at a rate of [Number] hours per [Pay Period].

Vacation and Sick Leave: Employee will accrue vacation and sick leave in accordance with Massachusetts Earned Sick Time Law (Chapter 149, Section 148C).

Holidays: Employee is entitled to [Number] paid holidays per year, as designated by the Employer.

Parental Leave: Employee is eligible for parental leave in accordance with applicable state and federal laws.

Short-Term Disability: Employee is eligible for short-term disability benefits, subject to the terms and conditions of the Employer's short-term disability plan.

Workers’ Compensation: Employee is covered by workers’ compensation insurance in accordance with Massachusetts law. Notice of workers’ compensation rights and procedures will be provided separately.

Retirement Plan: [Options: Employee is eligible to participate in the Employer’s 401(k) plan. / Employee is not eligible for a 401(k) plan.]

7. Vehicle Use:

• Option A: Employer-Provided Vehicle: Employee will be provided with a company vehicle for use in performing delivery duties. Employee is responsible for maintaining the vehicle in good working order, performing daily pre/post-trip inspections, and reporting any maintenance issues promptly.
• Option B: Personal Vehicle: Employee is authorized to use their personal vehicle for delivery purposes. Employee is responsible for maintaining adequate Massachusetts vehicle insurance and registration. The Employer will reimburse Employee for mileage at the current IRS rate.

Employee must maintain a valid Massachusetts driver's license and a clean driving record.

Vehicle Inspections: Employee is required to perform daily vehicle inspections using the Employer's designated checklist.

Employee is responsible for accurately recording vehicle mileage and gas/fuel card usage.

Employee must report all accidents or incidents involving the vehicle immediately to [Designated Person/Department].

[If Employer Vehicle:] The company vehicle is for work-related use only and is not permitted for personal use without prior written authorization from the Employer.

8. Required Certifications/Licenses:

Valid Massachusetts Driver’s License: Employee must possess and maintain a valid Massachusetts driver's license throughout the term of employment.

Clean Driving Record: Employee must maintain a clean driving record as defined by the Massachusetts Registry of Motor Vehicles (RMV) standards.

[If Applicable:] Medical Exam/DOT Card: Employee may be required to obtain and maintain a medical exam certificate or DOT card if operating vehicles over specific weight thresholds.

[If Applicable:] CORI Check: Employee must pass a Criminal Offender Record Information (CORI) check.

[If Applicable:] Specialized Certifications: Employee may be required to obtain certifications in safe food handling, hazardous materials transportation, or other specialized delivery procedures, as required by customers or industry regulations.

9. Safety Requirements:

Employee must adhere to all applicable Massachusetts and federal Department of Transportation (DOT) safety regulations.

Employee must perform daily pre- and post-trip vehicle inspections.

Employee must use all required Personal Protective Equipment (PPE), including [Specific PPE: e.g., safety shoes, high-visibility vests].

Employee must comply with all Massachusetts laws regarding cell phone use and distracted driving.

Employee must immediately report any traffic citations or driver’s license suspensions to [Designated Person/Department].

Employee must adhere to the Employer's zero-tolerance policy for impaired driving.

Employee must follow the Employer's incident and accident response protocols.

Employee must report all work-related injuries to [Designated Person/Department] in accordance with Massachusetts workers’ compensation law.

10. Confidentiality:

Employee acknowledges that they will have access to confidential information regarding customers, delivery locations, product details, and company operational procedures. Employee agrees to hold all such information in strict confidence and not to disclose it to any third party, either during or after the term of employment. This obligation of confidentiality extends to all forms of information, including but not limited to written, oral, and electronic data.

11. Professional Conduct and Anti-Harassment:

Employee must conduct themselves in a professional and respectful manner at all times, including interactions with customers, colleagues, and members of the public.

Employee must comply with all applicable Massachusetts anti-discrimination laws (Chapter 151B), including maintaining a workplace free from harassment and discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or other protected characteristic.

The Employer maintains a zero-tolerance policy for harassment or retaliation of any kind.

12. Uniforms and Identification:

Employee is required to wear the Employer's designated uniform and display the company-issued ID badge at all times while on duty.

Employee is responsible for the proper care and maintenance of the uniform.

Uniforms and ID badges must be returned to the Employer upon termination of employment.

Any damaged or lost uniforms or ID badges must be reported to [Designated Person/Department] immediately.

13. Cash Handling:

[If Applicable:] If Employee is required to handle cash (e.g., for Cash-on-Delivery transactions), Employee must adhere to the Employer's strict cash management, deposit, and theft prevention protocols.

Employee's liability for cash shortages or theft may be limited as allowed by Massachusetts law.

14. Progressive Discipline and Performance Review:

Employee is subject to the Employer's progressive discipline policy, which may include verbal warnings, written warnings, suspension, and termination.

Employee's performance will be reviewed regularly based on key performance indicators (KPIs) specific to delivery drivers, including on-time delivery rate, accident/incident report frequency, and customer ratings.

The Employer will provide support for retraining or education as needed.

15. Leave of Absence:

Employee is eligible for leave of absence in accordance with the Massachusetts Paid Family and Medical Leave Act (PFML), the Family and Medical Leave Act (FMLA), and other applicable state and federal laws.

Employee must follow the Employer's procedures for requesting and reinstating their position after a leave of absence.

16. At-Will Employment and Termination:

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

Permissible grounds for termination include, but are not limited to, loss of driving eligibility, repeated safety violations, unreported accidents, theft, or falsification of delivery documents.

Upon termination, the Employer will comply with Massachusetts final pay rules, including payment of all earned wages, unused vacation time (if applicable), and expense reimbursements on the date of termination if the termination is involuntary, or on the next regular payday if the termination is voluntary, as per M.G.L. c.149, §148.

Upon termination, Employee must return all company property, including uniforms, ID badges, vehicles, and electronic devices.

17. Non-Competition and Non-Solicitation:

[Options: Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment. / This Agreement does not contain any non-compete or non-solicitation restrictions.]

Employee agrees not to disclose any confidential information to any third party following termination of employment.

18. Worker Misclassification Statement:

The parties agree that Employee is an employee of Employer and not an independent contractor. This Agreement is intended to comply with the Massachusetts "ABC test" under M.G.L. ch.149, §148B.

19. Compliance with Laws:

Employee shall comply with all applicable Massachusetts and federal transportation, safety, and employment laws, including regulations on hazardous material delivery, alcohol/tobacco product transport, and local city/town ordinances on parking and delivery hours.

20. Complaint Reporting and Retaliation:

Employee has the right to report any violations of the Massachusetts Wage Act or other employment laws without fear of retaliation. The Employer prohibits any form of retaliation against employees who exercise their statutory rights.

Procedures for complaint reporting are outlined in the Employer’s internal policies.

21. Training and Onboarding:

Employee will complete all required training and onboarding programs, including state-mandated safety, harassment prevention, and customer service training.

Employee may be required to participate in driving skills refresher courses and ongoing compliance updates.

22. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Any dispute arising out of or relating to this Agreement shall be resolved through mediation or arbitration in Massachusetts.

23. Contract Enforcement and Severability:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original intended economic effect.

24. Understanding and Acceptance:

Employee acknowledges that they have read and understood this Agreement, and that they voluntarily accept all of its terms and conditions. [Optional: Translation/Interpretation services were [were not] offered to the employee to facilitate understanding of this agreement.]

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

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Employer Full Legal Name]

____________________________

[Employee Full Legal Name]