New Hampshire delivery driver employment contract template

New Hampshire Delivery Driver Employment Contract

This New Hampshire Delivery Driver Employment Contract (the "Agreement") is made and entered into as of [Effective Date] by and between:

• [Employer Full Legal Name], with its principal place of business at [Employer Address], hereinafter referred to as "Employer," and
• [Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

Both parties acknowledge their capacity to contract under New Hampshire law.

1. Position:

• Full-Time Delivery Driver

2. Job Responsibilities:

• Option A:
  • Safe and timely delivery of goods or packages to designated locations.
  • Route planning and optimization to ensure efficient deliveries.
  • Vehicle safety checks before and after each shift.
  • Adherence to all traffic and parking laws in New Hampshire.
  • Loading and unloading packages or goods.
  • Obtaining customer signatures or delivery confirmation.
  • Handling returns or undeliverable packages according to company policy.
  • Maintaining accurate delivery logs and records.
  • Maintaining vehicle cleanliness.
  • Reporting vehicle incidents or malfunctions immediately.
  • Compliance with company delivery protocols.
  • Accident and emergency reporting following company procedures.
  • Providing excellent customer service.
• Option B: (Includes specialized responsibilities)
  • All responsibilities listed in Option A, plus:
  • Handling of hazardous materials according to DOT regulations (if applicable).
  • Operating specialized delivery vehicles (e.g., refrigerated trucks).

3. Required Qualifications:

• Option A:
  • Valid New Hampshire driver's license of the appropriate class.
  • Clean driving record as determined by Employer's insurance standards and MVR check.
  • Successful completion of background check per New Hampshire law.
• Option B: (For larger vehicles)
  • All qualifications listed in Option A, plus:
  • Compliance with USDOT/FMCSA regulations if operating vehicles over 10,000 lbs or engaging in interstate commerce.
  • DOT physical and medical card (if applicable).
• Experience:
  • Minimum: [Number] months of commercial or courier driving experience.
  • Preferred: [Number] years of commercial or courier driving experience.
  • Knowledge of local New Hampshire routes and traffic patterns.
  • Proficiency with routing/navigation technology and delivery management apps.

4. Work Location and Territory:

• Primary work location: [City/Town, NH]
• Territory served: [Specific areas or regions within New Hampshire].
• Reporting site(s): [Designated address].
• Route type:
  • Local routes within [City/Town, NH].
  • Regional routes throughout [Specific region(s) of NH].
• Vehicle Parking/Storage:
  • [Employer] will designate parking locations for vehicles during/after shifts.
  • Employee is responsible for compliance with all local ordinances.

5. Employment Status and Hours:

• Full-time employment.
• Regular weekly hours: [Number] hours per week.
• Workdays: [List days of the week].
• Work shift: [Specify shift start and end times].
• Shift policies:
  • [Optional] Early morning, evening, weekend, or holiday coverage may be required.
• Rest/meal breaks:
  • 30-minute unpaid meal break for every [Number] hours worked, as required by New Hampshire law.
  • [Number] paid 15-minute rest breaks per [Number] hour shift.
• On-call/Overtime:
  • [Optional] Employee may be required to work on-call or mandatory overtime as needed, in accordance with New Hampshire labor law.
  • All overtime work will be compensated at 1.5 times the regular hourly rate.

6. Compensation:

• Base hourly wage: [$ Amount] per hour (must be above New Hampshire minimum wage).
• Payment frequency: Biweekly.
• Overtime pay: 1.5 times the regular rate for all hours worked over 40 in a workweek.
• Tips/Gratuities:
  • [Option A] Employee may retain any tips or gratuities received during delivery.
  • [Option B] Tips or gratuities are not permitted.
• Delivery/Performance bonuses:
  • [Optional] Eligibility for delivery or performance bonuses as outlined in the company bonus policy.
• Mileage reimbursement (if personal vehicle use is required):
  • [$ Amount] per mile, which meets or exceeds the IRS standard mileage rate.
• Penalty pay:
  • Employer shall comply with RSA 275 regarding late payment of wages.

7. Benefits:

• Medical insurance: [Specify coverage details or state "Eligibility per company policy"]
• Dental insurance: [Specify coverage details or state "Eligibility per company policy"]
• Vision insurance: [Specify coverage details or state "Eligibility per company policy"]
• Paid time off (PTO): [Specify vacation, personal, and sick leave accrual rates, meeting at least New Hampshire statutory requirements]
• Company holidays: [List observed holidays in New Hampshire]
• 401(k)/Retirement plan: [Specify eligibility and company contribution details]
• Life/Disability insurance: [Specify coverage details]
• Employee Assistance Program (EAP): [Specify details]
• Fuel card/Gas stipend:
  • [Option A - Company Vehicle] Employer provides a company fuel card.
  • [Option B - Personal Vehicle] Employee will receive a gas stipend of [$ Amount] per [Time period].
• Uniform/Gear allowance: [$ Amount] per [Time period].
• Training/Certification costs: Employer will cover costs for required training and certifications (e.g., defensive driving, DOT physicals).
• Per-delivery/Safety incentives: [Specify details, if any]

8. Vehicle Use:

• [Option A] Company Vehicle:
  • Employee will operate a company-owned [Make and Model].
  • Employer is responsible for vehicle insurance and maintenance.
• [Option B] Personal Vehicle:
  • Employee will use their personal vehicle for deliveries.
  • Employee is responsible for maintaining adequate auto insurance coverage meeting New Hampshire minimum liability limits.
  • Employee is responsible for paying all deductibles on their personal auto insurance policy.
  • Employee is responsible for all tickets and infractions.
• [Option C] Both Company and Personal Vehicle
  • Employee may use both company-provided vehicle and personal vehicle as needed, following company policies.

9. Insurance and Risk Allocation:

• Employee Auto Insurance (if using personal vehicle):
  • Employee must maintain auto insurance coverage meeting New Hampshire legal standards: $25,000/$50,000 bodily injury and $25,000 property damage at minimum.
  • Employee must provide proof of insurance to Employer.
• Employer Commercial Auto Policy:
  • [If applicable] Employer maintains a commercial auto insurance policy covering company vehicles. Terms of the policy are available upon request.
• Accident Reporting:
  • Employee must report all accidents immediately to [Designated Contact Person/Department].
• Indemnification:
  • To the fullest extent permitted by New Hampshire law, Employee agrees to indemnify and hold harmless Employer from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Employee's acts or omissions in connection with the performance of this Agreement.

10. Compliance with Laws and Regulations:

• Compliance with all federal and New Hampshire traffic safety laws.
• Compliance with DOL regulations (RSA 279, 281-A for workers' compensation).
• Drug/Alcohol Testing:
  • Employee is subject to drug and alcohol testing per company policy and DOT regulations (if applicable).
  • [If applicable] Employee acknowledges the possibility of random drug testing.
• Disclosure of Violations:
  • Employee must immediately notify Employer of any license suspension, moving violations, or criminal charges.

11. Reporting Structure and Communication:

• Direct supervisor: [Supervisor Name]
• [Optional] Dispatch team: [Department/Contact Information]
• Communication Policies:
  • Employee must use employer-provided or personal mobile devices/GPS for job duties as directed.
  • Employee must comply with New Hampshire distracted driving laws (RSA 265:79-c, hands-free device mandates).

12. Confidentiality and Social Media:

• Confidentiality:
  • Employee must maintain the confidentiality of customer information, delivery addresses, shipment details, and company trade secrets.
• Social Media:
  • Employee must adhere to the company's social media and communications policy during work hours or concerning work activities.

13. Package and Goods Handling:

• Breakage, Loss, or Theft:
  • Employee must report any breakage, loss, or theft of packages or goods immediately to [Designated Contact Person/Department].
• Return Logistics:
  • Employee must follow company procedures for handling returns or undeliverable packages.
• Hazardous Materials:
  • [If applicable] Employee must follow state and federal guidelines for the delivery of hazardous or regulated items.

14. Termination:

• At-Will Employment:
  • This is an at-will employment relationship, as recognized in New Hampshire. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
• Grounds for Termination:
  • Examples include, but are not limited to, unsatisfactory performance, violation of company policies, or misconduct.
• Grounds for Immediate Dismissal:
  • Examples include, but are not limited to, driving under the influence, gross misconduct, or repeated safety violations.
• Final Wage Payment:
  • Upon termination, Employer will comply with New Hampshire's requirement to pay final wages within 72 hours if the employee is involuntarily terminated.
• Return of Company Property:
  • Employee must return all company property, including uniforms, vehicle, keys, and technology, upon termination.
• Exit Documentation:
  • Employer will provide employee with required exit documentation.

15. Workplace Safety and Worker's Compensation:

• Workplace Safety:
  • Employer will maintain a safe workplace and comply with OSHA standards and safety practices specific to delivery activities.
  • These include but are not limited to procedures for heat, lifting ergonomics, and inclement weather/personal protective equipment).
• Worker's Compensation:
  • Employee is covered by worker's compensation insurance per New Hampshire law (RSA 281-A).
• Reporting Accidents/Injuries:
  • Employee must report all accidents, injuries, or near misses on the job immediately to [Designated Contact Person/Department].

16. Anti-Discrimination and Harassment:

Employer prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law, as outlined in New Hampshire law (RSA 354-A).

Employer has established procedures for handling employee complaints of discrimination or harassment.

17. Dispute Resolution:

• Grievance Reporting:
  • Employee should report any grievances to [Designated Contact Person/Department].
• Escalation Pathway: [Outline the steps for escalating unresolved grievances]
• Forum Selection:
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire. Any legal action relating to this Agreement shall be brought in the state or federal courts located in New Hampshire.

18. Training and Certification Renewals:

Employee must maintain valid certifications required for the position, including [List Required Certifications]

Employer will provide and/or reimburse for required training and certification renewals.

19. Performance Reviews and Discipline:

Employee will receive periodic performance reviews and safety audits.

Employer will follow a fair and consistent discipline process, including warnings and coaching, specific to driving safety, delivery accuracy, and customer service.

20. Non-Solicitation:

During and after the term of employment, Employee shall not solicit or attempt to solicit any of Employer’s customers or clients with whom Employee had direct contact during their employment with Employer, for the purpose of providing services that are similar to those offered by Employer. This provision is intended to protect Employer’s legitimate business interests.

21. Employment Eligibility:

• Employee must provide documentation demonstrating employment eligibility as required by federal law (I-9 form or equivalent).
• Employee acknowledges Employer's background check policy and agrees to disclose any prior criminal offenses.

22. Governing Law and Severability:

• This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire and applicable federal law.
• If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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]

Date: ____________________________