Michigan delivery driver employment contract template

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How Michigan delivery driver employment contract Differ from Other States

  1. Michigan enforces strict minimum wage and overtime laws that may differ from federal standards and some other states' regulations.

  2. Background checks for drivers in Michigan must comply with unique state privacy and consent rules in addition to federal requirements.

  3. Michigan law requires employers to provide detailed written disclosures about tip pooling and mileage reimbursements in the contract.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment applicable to delivery drivers in Michigan?

    A: Yes, most delivery driver jobs in Michigan are at-will, allowing either party to terminate employment at any time unless otherwise specified.

  • Q: Are Michigan delivery drivers entitled to overtime pay?

    A: Yes, unless an exemption applies, Michigan delivery drivers are entitled to overtime pay for hours worked over 40 per week.

  • Q: Does the Michigan contract need to mention reimbursement for vehicle expenses?

    A: Yes, it is recommended to specify mileage or vehicle expense reimbursement in the contract for clarity and legal compliance.

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Michigan Delivery Driver Employment Agreement

This Michigan Delivery Driver Employment Agreement ("Agreement") is made and effective as of [Date] by and between [Employer Full Legal Name], located at [Employer Address], ("Employer") and [Employee Full Legal Name], residing at [Employee Address], ("Employee").

1. Position

Option A: The Employer hereby hires the Employee as a Delivery Driver.

Option B: The Employee shall hold the position of Delivery Driver.

The Employee accepts the position and agrees to perform the duties described below.

2. Duties

Option A: The Employee's primary responsibilities include:

  • Safe and timely delivery and pickup of goods/packages.
  • Professional interaction with customers/recipients.
  • Operation of company/personal delivery vehicle.
  • Handling routes and schedules.
  • Loading and unloading items.
  • Scanning and documentation.
  • Compliance with delivery protocols.
  • Vehicle cleanliness and routine inspection.

Option B: Specific duties include, but are not limited to:

  • Delivering [Type of Goods] to [Delivery Area].
  • Maintaining accurate delivery logs and records.
  • Following all company policies and procedures.
  • Other duties as assigned by the Employer.

3. Qualifications

Option A: The Employee must possess and maintain the following qualifications:

  • Valid Michigan driver's license (Class: [Driver's License Class]).
  • Clean driving record, as defined by [Employer Policy/Insurance Requirements].
  • Satisfactory background check results, compliant with Michigan law.
  • Ability to pass drug and alcohol screenings, as required by federal/state transportation guidelines.
  • [Optional: HazMat certification]
  • [Optional: DOT medical card]

Option B: Continued employment is contingent upon maintaining the required qualifications.

4. Work Location

Option A: The Employee's primary work location is [Address/Location].

Option B: The Employee will cover delivery zones within [Specific Michigan Areas/Cities].

Option C: The Employee will report to [Designated Supervisor/Dispatch Center] located at [Address].

5. Employment Status

Option A: This is a full-time position.

Option B: Full-time employment is defined as [Number] hours per week.

Standard working days are [Days of the Week].

The standard shift is from [Start Time] to [End Time].

6. Breaks and Overtime

Option A: Meal and rest breaks will be provided in accordance with Michigan wage and hour law.

  • [Specify break schedule, e.g., 30-minute unpaid lunch break and two 15-minute paid rest breaks.]

Option B: Overtime will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by Michigan law.

  • [Optional: Daily overtime provisions if applicable]
  • [Optional: Holiday pay policy]

7. Compensation

Option A: The Employee will be paid at an hourly rate of [Dollar Amount] per hour.

Option B: The Employee will be paid a salary of [Dollar Amount] per year.

Option C: The Employee will be paid [Dollar Amount] per delivery.

Pay Schedule: The Employee will be paid [Weekly/Bi-weekly/Monthly].

Method of Payment: Payment will be made via [Direct Deposit/Check].

[Optional: Policy on tips/gratuities]

8. Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

  • [Optional: Health Insurance]
  • [Optional: Dental Insurance]
  • [Optional: Vision Insurance]
  • [Optional: Life Insurance] (with Michigan benefit continuation/conversion rights)
  • [Optional: Paid Time Off (PTO)]
  • [Optional: Sick Leave]
  • [Optional: Holiday Pay] (including how Michigan legal holidays are treated)
  • [Optional: Commuter Allowance]
  • [Optional: Mileage Reimbursement] (See Section 9 if using personal vehicle)
  • [Optional: Company Vehicle Use] (See Section 10)
  • [Optional: Phone/Data Stipend]
  • [Optional: Uniform/Work Gear]
  • [Optional: Retirement Plan]
  • [Optional: Describe any other benefits]

9. Personal Vehicle Use (If Applicable)

Option A: If the Employee uses their personal vehicle for deliveries:

  • The Employee must maintain minimum insurance coverage as required by Michigan law.
  • The Employee will be reimbursed for mileage at the rate of [Dollar Amount] per mile, consistent with IRS guidelines and Michigan tax guidance.
  • The Employee must provide proof of insurance and vehicle registration.

10. Company Vehicle Use (If Applicable)

Option A: If the Employee is provided a company vehicle:

  • The Employee is responsible for the safe operation and maintenance of the vehicle.
  • The Employee must report any accidents or citations immediately, as required by Michigan no-fault and auto insurance statutes.
  • The Employee must adhere to the company's vehicle use policy.

11. Compliance with Laws

The Employee must comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to:

  • All state and federal traffic, safety, and transportation regulations (including adherence to the Michigan Motor Carrier Safety Act, if applicable).
  • Vehicle inspection routines.
  • Distracted driving and phone use restrictions.
  • Procedures for reporting accidents or infractions, including Michigan-specific reporting deadlines and forms.

12. Technology and Equipment

The Employee must use GPS/route optimization technology as instructed.

The Employee is responsible for the proper use of company equipment.

The Employee must follow procedures for handling cash or valuables and ensuring package security.

13. Delivery of Regulated Goods (If Applicable)

If the Employee delivers controlled or regulated goods (e.g., alcohol, pharmaceuticals, cannabis):

  • The Employee must follow all special procedures required by Michigan state laws.
  • The Employee must perform age verification duties.
  • The Employee must comply with all applicable regulations.

14. Anti-Harassment and Anti-Discrimination

The Employer is committed to providing a workplace free of harassment and discrimination.

The Employer prohibits discrimination based on race, color, religion, national origin, sex, age, disability, height, weight, marital status, or any other characteristic protected by Michigan’s Elliott-Larsen Civil Rights Act.

Employees can report incidents to [Designated Person/Department].

15. Appearance and Conduct

The Employee must maintain a professional appearance and conduct.

The Employee must adhere to the company's dress code/uniform guidelines.

The Employee must provide excellent customer service.

16. Performance Assessment

The Employee's performance will be assessed based on:

  • Timeliness
  • Safety record
  • Customer feedback
  • [Other Relevant Metrics]

The Employer utilizes a progressive discipline policy.

Remedial training opportunities will be provided as needed.

17. Record Retention

The Employee is responsible for accurately maintaining delivery logs, receipts, and manifests.

The Employer will maintain records as required by Michigan law, including drug/alcohol test records, vehicle inspection reports, and timekeeping records.

18. Intellectual Property and Company Assets (If Applicable)

The Employee agrees to protect the Employer's intellectual property and company assets, including proprietary route lists, customer data, and delivery technology.

[Reference Michigan trade secret protection laws as needed.]

19. Confidentiality

The Employee agrees to maintain the confidentiality of customer information, delivery locations, and company operations.

The Employee must comply with the Michigan Identity Theft Protection Act.

20. Termination of Employment

The Employee may resign with [Number] days' written notice.

The Employer may terminate employment with or without cause, subject to applicable law.

Upon termination, the Employee must return all company property.

Final pay will be provided in accordance with Michigan law.

  • [Optional: Severance or continued benefits information, if applicable.]

21. Job Safety Commitment and Training

The Employer is committed to providing a safe work environment.

The Employee must use all required personal protective equipment (PPE).

The Employee must report any workplace injuries as required by Michigan’s Workers’ Disability Compensation Act.

22. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.

Any disputes arising under this Agreement shall be resolved first through mediation or arbitration in Michigan before resorting to litigation.

The venue for any legal action shall be [County Name] County, Michigan.

23. Non-Compete (If Applicable)

[Note: Non-compete agreements are generally disfavored in Michigan. This section should be carefully reviewed by legal counsel to ensure compliance with Michigan law.]

[If included, the non-compete clause must be reasonable in duration, geography, and scope.]

24. Family and Medical Leave

The Employee is entitled to family and medical leave rights consistent with Michigan’s Paid Medical Leave Act and the federal Family and Medical Leave Act (FMLA).

[Describe parental leave and jury duty leave procedures.]

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

[Employer Full Legal Name]

By: [Employer Name/Title]

[Employee Full Legal Name]

[Employee Signature]

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