New York delivery driver employment contract template

New York Delivery Driver Employment Contract

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

1. Position

The Employer hires the Employee as a Full-Time Delivery Driver.

Option A: Job Duties

• Safely operate company-owned or personal vehicles for deliveries.
• Deliver goods or packages within assigned routes and boroughs of New York City or other designated areas.
• Properly handle, load, and unload items, including special handling for perishable, hazardous, or high-value parcels.
• Scan and document deliveries using employer-provided mobile or scanning devices.
• Navigate using GPS or mapping applications while complying with local traffic and parking regulations.
• Obtain customer signatures or electronic confirmations.
• Report delivery status or exceptions promptly.
• Follow Employer’s dress code and customer interaction guidelines.
• Comply with company policies for use of personal protective equipment (PPE) as required.

Option B: Job Duties - Modified

(Specify different or additional job duties here, tailored to the specific role. For example: “Deliver food orders in a timely manner…”)

2. Work Location

The Employee's primary work location shall be the Employer’s New York/New York City distribution center, hub, or specified area: [Work Location Address or Description].

Option A: Reporting Requirements

• Employee is required to start and end each shift at the designated company facility.

Option B: Remote Dispatch

• Employee may be dispatched remotely, subject to Employer's instructions.

3. Employment Type and Hours

The Employee's employment is full-time.

Option A: Regular Hours

• The Employee's regular work schedule is [Number] hours per week, typically from [Start Time] to [End Time], [Days of the Week].

Option B: Variable Hours

• The Employee's work schedule may vary, subject to Employer's needs and New York's overtime laws. Scheduling procedures will be communicated [Frequency, e.g., weekly].

Shift Assignments:

• Weekend/Holiday Work: May be required, subject to Employer's needs.
• Route Adjustments: May occur due to weather, city events, or emergencies.

4. Overtime, Meal and Rest Breaks

Option A: Overtime

• The Employee will be paid overtime at 1.5 times their base rate for all hours worked over 40 in a workweek, in accordance with New York State Labor Law.

Option B: Meal and Rest Breaks

• The Employee is entitled to meal and rest breaks as required by New York State Labor Law and, if applicable, the New York City Fair Workweek Law (if delivering food or working for an app-based service). The Employer will provide [Number] minute meal breaks and [Number] minute rest breaks.

Split-Shift Arrangements:

• Any split-shift arrangements will comply with the minimum requirements of New York State Labor Law.

5. Compensation

The Employer will pay the Employee as follows:

Option A: Hourly Wage

• The Employee's hourly wage is [Dollar Amount] per hour, which is at or above the New York minimum wage and New York City's living wage laws, if applicable.

Option B: Salary

• The Employee's annual salary is [Dollar Amount], paid in [Number] installments per year.

Pay Period:

• The Employee will be paid [Frequency, e.g., bi-weekly].

Overtime Pay:

• Overtime pay will be paid at 1.5x the base rate for all hours worked over 40 in a week.

Travel/Waiting Time:

• All travel and waiting time during the workday will be considered compensable time.

6. Reimbursements

The Employer will reimburse the Employee for reasonable and necessary job-related expenses.

Option A: Driving Expenses

• Reimbursement for fuel, tolls, and parking fees will be provided at [Rate or Method, e.g., the IRS standard mileage rate].

Option B: Vehicle Use (Employee-Owned)

• If the Employee uses their own vehicle, reimbursement for vehicle use will be provided at [Rate or Method, e.g., the IRS standard mileage rate].

Mobile Device/Data Stipend:

• The Employee will receive a stipend of [Dollar Amount] per [Pay Period] for mobile device/data usage.

Receipts:

• The Employee must submit receipts for all reimbursable expenses.

Repayment Timeline:

• Reimbursements will be paid within [Number] days of receipt of the expense report.

7. Benefits

The Employer will provide the following benefits:

Option A: Health Insurance

• The Employer will provide health insurance coverage compliant with New York's group insurance mandates. Details regarding coverage and employee contributions are outlined in the benefits summary provided separately.

Option B: Paid Leave

• Sick leave and family leave will be provided as per the New York Paid Family Leave Act.

Paid/Unpaid Time Off:

• The Employee will accrue and use paid/unpaid time off under New York State and New York City Paid Safe and Sick Leave Laws.

Statutory Holidays:

• The Employee is entitled to statutory holiday recognition.

Other Benefits (if applicable):

• The employee is eligible for the following:
• [Bonus/Tip Sharing Eligibility]
• [Retirement Plan Eligibility]
• [Transit/Commuter Benefits]

Training/Certification:

• The Employer will provide [Description of training programs, e.g., delivery-industry training, driver safety certification, or defensive driving programs].

8. Driver Licensing and Background Checks

Option A: Driver's License

• The Employee must possess a valid New York State Driver's License with the appropriate class for the vehicle being operated.

Option B: Driving Record

• The Employee must maintain a clean driving record and pass a background check as per New York Vehicle & Traffic Law and Employer policy.

MVR Checks:

• The Employer will conduct Motor Vehicle Record (MVR) checks at initial hire and periodically thereafter.

Employee Obligations:

• The Employee must notify the Employer immediately of any license suspensions, citations, or restrictions.

9. Criminal Background, TSA, or Drug/Alcohol Testing

Option A: Testing Required

• The Employee may be subject to criminal background, TSA, or drug/alcohol testing, as required for deliveries involving secure/restricted items or entry to regulated premises, in compliance with applicable law.

Option B: Testing Not Required

• No criminal background, TSA, or drug/alcohol testing is required for this position.

10. Vehicle-Related Provisions

Option A: Employer-Owned Vehicle

• The Employee will operate a vehicle owned by the Employer. The Employer is responsible for vehicle maintenance and insurance.

Option B: Employee-Owned Vehicle

• The Employee will operate their own vehicle.
• Minimum Insurance Coverage: The Employee must maintain minimum insurance coverage of [Policy limits], with the Employer named as an additional insured if required.
• Vehicle Inspection and Maintenance: The Employee is responsible for vehicle inspection and maintenance.
• Compliance Verification: The Employer reserves the right to verify compliance with these requirements.

11. Workplace Safety

The Employee will comply with all applicable OSHA and New York State workplace safety rules.

• Safe Lifting Practices
• Proper Use of PPE
• Reporting of Workplace Injuries
• Accident/Incident Reporting Protocols
• Availability of Workers’ Compensation

Urban Driving Risks:

• The Employee acknowledges the additional risks of delivery driving in urban areas like NYC and will take necessary precautions.

12. Confidentiality

The Employee agrees to maintain the confidentiality of sensitive information.

• Customer Addresses
• Personally Identifiable Information
• Company Logistics and Routing Data

Non-Solicitation/Non-Disparagement:

• The Employee agrees to non-solicitation and non-disparagement provisions as permitted by New York law.

13. Intellectual Property

The Employee acknowledges that any processes, technology, or customer information developed or accessed during employment is the property of the Employer.

14. Company Property

The Employee will use and care for all company-provided property responsibly.

• Vehicle
• Uniform
• Communication Devices
• Scanners

Return of Property:

• The Employee must return all company property upon termination of employment.

15. Behavior and Conduct

The Employee will conduct themselves professionally and ethically.

• Compliance with Anti-Discrimination Laws
• Respect for Diversity
• Zero Tolerance for Alcohol/Drug Use during Work Hours
• Adherence to "No Phone/Texting While Driving" Laws

16. Reporting Line

The Employee will report to [Supervisor Name], [Supervisor Title].

Communication Procedures:

• The Employee will follow established procedures for communicating schedule changes, lost or stolen goods, accidents, or customer complaints.

17. Employment At-Will and Termination

Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following.

• Voluntary Resignation:
• Termination for Cause (e.g., repeated traffic violations, failed drug/alcohol test, theft, gross misconduct):
• Layoff/Reduction in Force:

Termination Procedures:

• Compliance with New York's rules for termination notice, wage payment deadlines on separation, and immediate payment of any accrued and unused paid time off.

18. Dispute Resolution

Any disputes arising out of or relating to this Agreement will be resolved as follows:

• Mandatory Good-Faith Negotiation
• Mediation/Arbitration (Optional: Choose one or none)

Governing Law and Venue:

• This Agreement will be governed by and construed in accordance with the laws of the State of New York. The venue for any legal action shall be the courts of New York.

19. Anti-Retaliation

The Employer will not retaliate against the Employee for exercising their rights under New York Labor Law.

20. Workers’ Compensation

The Employee is covered by workers’ compensation insurance.

• Employer’s Insurance Carrier: [Insurance Carrier Name]
• Policy Number: [Policy Number]

21. Required Leaves

The Employee is eligible for paid or unpaid leave for jury duty, voting, blood donation, bone marrow donation, or domestic violence situations as required under New York law.

22. Unemployment Insurance and Union Membership

• Unemployment Insurance: The Employee is eligible for unemployment insurance benefits if eligible under New York law.
• Union Membership: [State "Not Applicable" or describe any union membership/collective bargaining obligations, if relevant]

23. Digital Surveillance

GPS Tracking/Performance Monitoring: [State if GPS or monitoring will be used, purpose, and legal limits in New York.]

24. Acknowledgement of Handbook/Policies

The Employee acknowledges receipt and understanding of the Employer's handbooks and policies, which are incorporated by reference and subject to periodic updates.

25. 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.

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

____________________________
[Employer Name]

By: ____________________________
[Employer Representative Name]
[Employer Representative Title]

____________________________
[Employee Name]