New Mexico delivery driver employment contract template

New Mexico Delivery Driver Employment Contract

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

1. Position

• Option A: The Employer hires Employee as a Full-Time Delivery Driver.
• Option B: The Employer hires Employee as a Part-Time Delivery Driver. (Note: New Mexico law provides certain benefits to part-time employees; consult legal counsel.)

2. Scope of Work

• Employee's duties include, but are not limited to:
• Pick-up and delivery of packages within the designated territory.
• Route planning and optimization using provided tools or personal judgment.
• Safe and lawful operation of employer-assigned vehicle(s) or, if approved, employee’s own vehicle.
• Use of real-time GPS navigation and tracking systems.
• Scanning and accurate documentation of all deliveries.
• Obtaining customer signatures or other proof of delivery.
• Maintaining accurate delivery logs and records.
• Handling cash or electronic payments at delivery, if applicable.
• Performing daily vehicle inspections and reporting any maintenance needs.

3. Qualifications and Licensing

• Employee must possess and maintain the following:
• A valid New Mexico driver’s license, Class [Class, e.g., D or Commercial].
• Option A: A valid DOT medical certification (if operating vehicles regulated by USDOT).
• Option B: No DOT medical certification required.
• A clean driving record, subject to periodic review. Employer may conduct background checks and motor vehicle record checks in compliance with New Mexico law.

4. Work Location and Territory

• Employee's primary work location will be [Employer Dispatch Location].
• Employee will primarily deliver within the geographic territory of [Delivery Territory Description].
• Deliveries may include remote or rural areas within New Mexico.

5. Employment Status and Hours

• Employee's employment status is Full-Time, Non-Exempt under New Mexico law.
• Option A: Employee's typical work hours are [Start Time] to [End Time], [Days of the Week], with a minimum of [Number] hours per week.
• Option B: Employee’s typical work hours will vary based on delivery demand but the employee will be provided a schedule at least [Number] days in advance.
• Mandatory overtime may be required and will be compensated according to New Mexico law.
• Employee is entitled to rest periods and meal breaks as required by the New Mexico Minimum Wage Act.

6. Compensation

• Employee's hourly rate is [Hourly Rate], which is not less than the New Mexico minimum wage.
• Overtime pay will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, as required by New Mexico law.
• Option A: Employee may be eligible for tips or incentives based on [Criteria for Tips/Incentives].
• Option B: Employee is not eligible for tips or incentives.
• Employee will be paid [Frequency of Payment, e.g., bi-weekly].
• All applicable withholdings, including New Mexico state taxes, FICA, and any required local deductions, will be made.
• Option A: Route bonuses and/or safety incentives may be offered based on [Criteria for Bonuses/Incentives].
• Option B: No route bonuses or safety incentives will be offered.

7. Benefits

• Employer will provide the following benefits to Employee, subject to eligibility requirements:
• Health insurance coverage compliant with New Mexico law.
• Paid sick leave, with minimum accrual and usage as required by the Healthy Workplaces Act.
• Paid vacation time, accruing at a rate of [Accrual Rate].
• Holiday pay for recognized New Mexico holidays.
• Option A: Dental and vision coverage.
• Option B: No dental or vision coverage.
• Option A: 401(k) or pension plan.
• Option B: No 401(k) or pension plan.
• Option A: Reimbursement for job-related expenses, such as mileage reimbursement for use of employee's own vehicle, at a rate compliant with IRS and New Mexico standards.
• Option B: Stipend for maintenance or cleaning: [Stipend Amount].
• Uniforms and safety equipment will be provided.

8. Vehicle Use and Policy

• Option A: Employer will provide a vehicle for Employee’s use. Personal use of the vehicle is [Permitted/Not Permitted] and subject to the following restrictions: [Restrictions on Personal Use]. The vehicle may be tracked via telematics or GPS, subject to New Mexico privacy law. Employee is responsible for reporting any accidents or damage to the vehicle. Employee is responsible for reporting any citations or vehicle inspections immediately.
• Option B: Employee will use their own vehicle for deliveries. Employer will reimburse mileage at a rate of [Mileage Rate] per mile. Employee is responsible for maintaining adequate insurance coverage, as detailed below.
• Insurance Requirements (if employee uses their own vehicle): Employee must maintain minimum liability coverage consistent with New Mexico financial responsibility statutes. Proof of insurance must be provided to Employer.

9. Confidentiality and Data Privacy

Employee agrees to maintain the confidentiality of all customer information, package contents, proprietary company routes, and other confidential information. Employee must comply with all applicable state laws on consumer privacy.

10. Drug and Alcohol Policy

Employee is required to comply with Employer's drug and alcohol policy, including random or reasonable suspicion testing. This is especially crucial for positions subject to federal DOT regulations or New Mexico commercial driving statutes.

11. Compliance with Laws

Employee must comply with all traffic and road safety laws, employer vehicle operation policies, the New Mexico Motor Vehicle Code, and municipal ordinances governing deliveries, parking, and access restrictions.

12. Accidents and Injuries

Employee must promptly report any workplace accidents, injuries, or incidents to Employer. Employee agrees to cooperate with workers' compensation claims and to seek medical care as needed.

13. Workers' Compensation

Employer provides Workers' Compensation insurance as required in New Mexico. Employee has the right to file a claim in the event of a workplace injury.

14. Disciplinary Procedures and Termination

• Employer may use progressive discipline for safety or conduct violations.
• Employment is at-will, as recognized under New Mexico law. Employer may terminate employment at any time, with or without cause.
• Upon termination, Employee will receive final pay within five (5) days or the next payday, as required by New Mexico law. Employee must return all employer equipment.

15. Anti-Discrimination Policy

Employer is an equal opportunity employer and complies with the New Mexico Human Rights Act. Employer prohibits discrimination based on race, color, national origin, ancestry, sex, age, sexual orientation, gender identity, pregnancy, disability, religion, or spousal affiliation.

16. Immigration Compliance

Employee must provide documentation for I-9 verification to demonstrate employment eligibility under federal and New Mexico law.

17. Background Check and Drug Screen Authorization

Employee authorizes Employer to conduct background checks and drug screens, subject to the New Mexico Fair Credit Reporting Act and state-specific regulations.

18. Absence, Tardiness, and Leave of Absence

Employee is required to adhere to company policies regarding absence, tardiness, and leave of absence, including eligibility for family medical leave, domestic violence leave as per New Mexico law, jury duty, and bereavement leave. Employee must follow procedures for reporting absences.

19. Tickets, Fines, and Citations

Employer will reimburse or handle the notification process for tickets, fines, or citations received on company business according to company policy. [Specify Employer/Employee Responsibility].

20. Delivery and Route Management Apps

• Employer uses the following delivery and route management mobile app(s): [List of Apps]. Employee understands that the use of this app may involve tracking and monitoring, and agrees to the privacy terms associated with the application(s) and limited by the New Mexico Electronic Communications Privacy Act.
• Option A: Employer will provide a company-supplied device.
• Option B: Employee uses their own device (BYOD). Employer [Will/Will Not] reimburse data usage.

21. DOT/FMCSA Compliance (If Applicable)

If applicable, Employee must comply with all DOT/FMCSA regulations regarding hours of service, ELD use, and reporting of safety concerns related to commercial transport.

22. Dispute Resolution

• Option A: Any disputes arising out of this Agreement will be resolved through mandatory internal complaint procedures.
• Option B: Any disputes arising out of this Agreement will be resolved through mediation in New Mexico.
• Option C: Any disputes arising out of this Agreement will be resolved through binding arbitration in New Mexico, under the New Mexico Uniform Arbitration Act. New Mexico law governs this agreement.

23. Special Local Practices

Employee understands and will follow protocols for handling deliveries to tribal lands, rural areas, and locations requiring security clearance or coordination specific to New Mexico.

24. Climate and Road Safety

Employee acknowledges the unique climate and road safety issues in New Mexico, including winter weather driving and wildlife hazard zones. Employee is required to use chains, winter tires, or other appropriate equipment as required.

25. Acknowledgment

Employee acknowledges having received, read, and understood the employer’s safety manual, New Mexico DOT or local commercial vehicle regulations, company COVID-19 or infectious disease policies, and disaster/workforce emergency response protocols.

26. Modification

All terms of this Agreement are subject to change consistent with New Mexico law, with advance written notice to Employee. Either party may request voluntary re-negotiation as roles or business needs change.

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

____________________________

[Employer Legal Name]

By: ____________________________

[Employer Printed Name]

[Employer Title]

____________________________

[Employee Legal Name]

____________________________

[Employee Printed Name]