New Jersey delivery driver employment contract template

New Jersey Delivery Driver Employment Contract

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

Position:

• Option A: The Employer hereby employs the Employee as a full-time Delivery Driver.
• Option B: The Employer hereby employs the Employee as a part-time Delivery Driver.

Job Responsibilities:

The Employee's primary responsibilities include, but are not limited to, the following within the state of New Jersey:

• Loading and unloading goods.
• Timely and secure delivery of packages to residential and business addresses.
• Collecting signatures or proof of delivery.
• Handling payments or cash on delivery as required.
• Ensuring vehicle safety and daily inspections in accordance with New Jersey Department of Transportation (NJDOT) and federal FMCSA rules.
• Reporting vehicle maintenance issues.
• Complying with safe driving standards and posted speed limits.
• Following prescribed routes or utilizing company-approved GPS systems.
• Representing the company professionally to customers.
• Complying with local ordinances relevant to commercial deliveries (e.g., parking, idling, and residential delivery hour restrictions).

Qualifications:

• Option A: Valid New Jersey driver's license (Class C or higher if required for vehicles used).
• Option B: Commercial driving endorsements (if operating applicable vehicles).
• Clean driving record per NJ Motor Vehicle Commission requirements.
• Minimum age of [Age].
• Must meet physical requirements for the position.
• Subject to drug and alcohol testing policies that meet DOT and state standards.
• Subject to criminal background checks as required by New Jersey law.
• Any special endorsements or training on hazardous materials or food handling for relevant deliveries.

Work Location:

• Option A: The Employee's primary work location will be [Warehouse/Dispatch Location in NJ]
• Option B: The Employee will be responsible for deliveries within the following service area(s) in New Jersey: [Designated Service Areas].
• Option C: The Employee's territory is limited to [Territory Boundaries].

Work Schedule:

• The Employee's full-time status requires a minimum of 40 hours per week.
• The Employee's scheduled shifts are [Start Time] to [End Time], [Days of the Week].
• The Employee is entitled to meal and rest breaks in compliance with New Jersey wage and hour law. The specifics of the break schedule are as follows: [Break Schedule Details].

Overtime:

• Option A: Overtime will be paid in accordance with New Jersey regulations (time-and-a-half after 40 hours per week).
• Option B: Advance notice for overtime is required when possible.
• Option C: Overtime work is voluntary.
• Option D: The Employer may require mandatory overtime shifts.
• Option E: The Employee may be required to be on-call [On-Call Details].

Compensation:

• Option A: The Employee will be paid at an hourly rate of [Hourly Rate].
• Option B: The Employee will be paid on a salaried basis at [Salary Amount] per [Pay Period].
• The pay period is [Bi-weekly/Weekly] and compliant with NJ Wage Payment Law.
• The method of wage payment is [Direct Deposit/Check].
• Overtime will be calculated as required by New Jersey law.
• Option A: The Employee may receive tips, subject to New Jersey’s wage and tip rules.
• Option B: The Employee may receive commissions according to the following structure: [Commission Structure].
• Option C: The Employee will be reimbursed for mileage at the rate of [Mileage Rate] per mile.
• Wage statements will be provided as required under NJ law.

Reimbursement:

The Employee will be reimbursed for job-related expenses, including fuel, parking, and tolls, upon submission of proper documentation.

• Option A: If using the employee's vehicle, the Employer will reimburse for New Jersey-specific vehicle registration and inspection fees.

Uniforms, Equipment, and PPE:

The Employer will provide the Employee with a uniform, equipment, and required Personal Protective Equipment (PPE).

The Employer is responsible for the maintenance, repair, and replacement of uniforms, equipment, and PPE, according to NJ health and safety regulations.

The cleaning of the uniform is the responsibility of [Employer/Employee].

Benefits:

• Option A: The Employer offers health, dental, and vision insurance plans. Details of the plans will be provided separately.
• Option B: The Employer offers a retirement plan. Details of the plan will be provided separately.
• The Employee is entitled to paid time off (PTO) according to the following policy: [PTO Policy].
• The Employee is entitled to paid sick leave that meets or exceeds the New Jersey Earned Sick Leave Act (minimum 40 hours per year).
• The Employee is entitled to state family leave and disability leave rights as mandated by New Jersey law.
• The Employee is entitled to paid holidays according to the following schedule: [Holiday Schedule].
• Option A: The Employer provides traffic ticket or accident insurance. Details of the insurance will be provided separately.

Workers' Compensation:

The Employee is covered by workers’ compensation insurance as required by New Jersey law.

On-the-job injury, accident, or illness reporting procedures are as follows: [Reporting Procedures].

Vehicle Use:

• Option A: The Employee will use a company-owned vehicle.
• Option B: The Employee will use their personal vehicle and must provide proof of auto insurance with minimum liability coverage as required by NJ law: [Coverage Amounts].
• The Employer is responsible for maintenance and fuel costs for company-owned vehicles.
• The Employee is responsible for maintenance and fuel costs for personal vehicles, subject to the reimbursement policy.
• Option A: The company vehicle may be equipped with a dashcam.
• Option B: The company vehicle may be equipped with GPS tracking. The Employee acknowledges and agrees to the use of such devices.
• The Employee is prohibited from using a cell phone or texting while driving.
• The Employee is prohibited from operating a vehicle while under the influence of drugs or alcohol.
• Vehicle breakdown or accident protocols are as follows: [Breakdown/Accident Protocols].

Compliance with Laws:

The Employee shall comply with all New Jersey motor vehicle laws, posted speed limits, and local ordinances.

Package Handling and Loss Prevention:

The Employee will adhere to the following procedures for package handling and loss prevention: [Package Handling Procedures].

Safety Training:

The Employee is required to participate in employer-provided safety training, periodic recertification, and comply with NJ workplace safety standards.

Data Privacy and Confidentiality:

The Employee will maintain the privacy and confidentiality of customer addresses, contact information, credit card details, and company records.

Specific instructions on the use of electronic signature pads or mobile delivery apps are as follows: [App Usage Instructions].

Anti-Discrimination and Anti-Harassment:

The Employer prohibits discrimination and harassment based on race, creed, color, national origin, age, disability, sex, sexual orientation, gender identity, or any other protected category under the New Jersey Law Against Discrimination (LAD).

Reporting and investigation procedures for discrimination or harassment are as follows: [Reporting Procedures].

Employee Conduct:

The Employee shall maintain a courteous and professional demeanor, appearance, and language at all times.

The Employee is prohibited from theft or being under the influence of alcohol or drugs while on duty.

The Employee shall adhere to the company's social media and customer interaction policies.

Non-Compete and Non-Solicitation:

To the extent permitted under New Jersey law, the Employee agrees not to [Compete/Solicit] within [Geographic Area] for a period of [Duration] after termination of employment. This provision is intended to be narrowly construed and enforced only to the extent necessary to protect the Employer's legitimate business interests.

At-Will Employment:

The employment relationship is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, subject to the notice requirements below.

Termination and Resignation:

• The Employee shall provide [Number] weeks' notice of resignation.
• The Employer shall provide [Number] weeks' notice of termination, except in cases of gross misconduct.
• Final paycheck rules will be followed in accordance with NJ law.
• Upon termination, the Employee shall return all company property and uniforms.
• The Employer may conduct company-initiated investigations or suspensions, with protections afforded under the NJ Conscientious Employee Protection Act (CEPA) and whistleblower statutes.

Customer Complaints:

Procedures for handling customer complaints or claims are as follows: [Complaint Handling Procedures].

The Employee shall cooperate with Employer investigations and dispute resolution.

Governing Law and Dispute Resolution:

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

Any disputes arising out of or relating to this Agreement shall be resolved in the courts of [County], New Jersey.

Dispute resolution steps: Internal complaint, mediation, arbitration/litigation as preferred by the Employer.

Notices and Compliance:

The Employer shall provide the Employee with all required NJ wage and hour notices.

The Employer shall post and the Employee shall acknowledge NJ labor rights (in English and the Employee’s primary language).

The Employer shall distribute applicable labor updates periodically.

Entire Agreement:

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.

No oral modification of this agreement shall be valid.

Optional Position-Specific Customizations:

• Option A: Commercial driver's health testing is required.
• Option B: The Employer may assign flexible route assignments.
• Option C: Extra pay will be provided for deliveries exceeding state mileage thresholds, as follows: [Extra Pay Details].

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]