North Carolina delivery driver employment contract template

North Carolina Delivery Driver Employment Contract

This Full-Time Delivery Driver Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:

[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Mailing Address] (hereinafter referred to as "Employer"), and

[Employee Full Legal Name], residing at [Employee Mailing Address] (hereinafter referred to as "Employee").

1. Employment

Option A: Employer hereby employs Employee as a Full-Time Delivery Driver, and Employee hereby accepts such employment.

Option B: Employer hereby employs Employee as a Part-Time Delivery Driver, and Employee hereby accepts such employment.

2. Job Title and Responsibilities

Job Title: Full-Time Delivery Driver

Responsibilities:

• Route planning for efficient and timely deliveries.
• Safe and timely pickup and delivery of goods/packages.
• Accurate completion of delivery logs and manifests.
• Use of handheld devices or employer app for delivery confirmation.
• Proper handling and securing of cargo.
• Vehicle loading/unloading.
• Compliance with delivery time windows.
• Adherence to traffic routes and safety protocols.
• Cash-on-delivery collections (if applicable).
• Customer interaction and service standards.
• Inspection of packages for damage.
• Handling returns or refused deliveries.
• Responsibility for vehicle cleanliness and basic maintenance checks (e.g., oil, fluids, tires).

3. Reporting and Logistics

Reporting Line: Reports to [Manager Name/Title].

Shift Start/End Location: [Warehouse, Depot, or Hub Address].

Service Area/Region: [Designated Service Area/Region within North Carolina].

Primary Delivery Vehicle Type:

• Option A: Company-Provided Vehicle: [Vehicle Make and Model].
• Option B: Personal Vehicle (Subject to Reimbursement Policy, see Section 6).

Routing/DOT Compliance Tools Provided: [List of tools, e.g., GPS, Telematics].

4. Employment Type and Work Schedule

Employment Type: Full-Time

Work Schedule:

• Option A: Set Hours: [Start Time] to [End Time], [Days of the Week].
• Option B: Rotating Shifts: [Description of Rotating Shifts].
• Option C: Split Shifts: [Description of Split Shifts].
• Option D: Flexible Shifts: [Description of Flexible Shifts].

Mandatory Break Periods: [Number and Length of Break Periods].

Overtime Eligibility:

• Option A: Eligible for overtime pay at a rate of one and one-half (1.5) times the regular hourly rate for all hours worked over 40 in a workweek, consistent with the Fair Labor Standards Act (FLSA) and North Carolina law.
• Option B: Not eligible for overtime pay (exempt position, if applicable and legally permissible).

Meal/Rest Break Rules: Employer complies with North Carolina Department of Labor meal and rest break practices.

5. Compensation

Wage Rate:

• Option A: Hourly Rate: [$ per hour].
• Option B: Salary: [$ per year].

Overtime Pay: Time and one-half (1.5) for hours worked over 40 in a workweek (if applicable).

Pay Frequency: [Weekly, Bi-Weekly, Monthly].

Method of Payment: [Direct Deposit, Check].

Tip Pooling/Handling: [Description of Tip Pooling/Handling Policy, if applicable. If not applicable, state "Not Applicable." ].

Bonus/Incentive Pay: [Description of Bonus/Incentive Pay Policy, if applicable. Include details on performance metrics.].

Mileage Reimbursement/Fuel Stipend (if using personal vehicle): [$ per mile or Fuel Stipend Amount]. Reimbursement will be made according to IRS and North Carolina tax guidelines.

Toll/Parking Fee Reimbursements: [Description of Reimbursement Policy].

6. Employee Benefits

Group Health, Dental, and Vision Insurance:

• Option A: Available and eligible after [Number] days/months of employment.
• Option B: Not Provided.

Paid Time Off (PTO), Vacation and Sick Leave: [Description of PTO/Vacation/Sick Leave Policy].

North Carolina-Recognized Holidays: [List of Holidays].

Retirement Plan/401(k) Eligibility:

• Option A: Eligible after [Number] months of employment.
• Option B: Not Provided.

Short- and Long-Term Disability: [Description of Disability Benefits, if any].

Employer's Vehicle Insurance Coverage (Liability, Comprehensive): [Description of Coverage].

Wellness/Driver Safety Program Participation: [Description of Program, if any].

7. Driver's License and Qualifications

North Carolina Driver's License Requirements: Must possess and maintain a valid North Carolina driver's license, Class [Specify Class, e.g., C, CDL].

• If CDL is required: Must comply with all applicable DOT/FMCSA regulations.

Ineligibility: Persons with a poor driving record (as defined by company policy) are ineligible.

Motor Vehicle Record Checks: Employee consents to periodic motor vehicle record checks.

Minimum Driving Experience: [Number] years of driving experience required.

Substance Abuse/Drug Testing: Compliance with company policy and DOT/FMCSA regulations (if applicable).

Background/Criminal Checks: Employee consents to background and criminal checks.

Physical/Medical Certifications: [Description of Required Certifications, if any].

8. Compliance with Laws and Regulations

Compliance with North Carolina Uniform Vehicle Code, federal and state Department of Transportation (DOT) regulations, FMCSA rules (if interstate/large vehicle), weight limits, use of GPS tracking and telematics monitoring, and workplace safety compliance, including OSHA and company vehicle operation guidelines.

Employee and Employer obligations to comply with all applicable laws and regulations.

9. Traffic Fines, Parking Violations, and Accident Reporting

Responsibility for traffic fines and parking violations: [Specify who is responsible - Typically employee unless due to company error].

Duty to immediately report any accidents, injuries, or unsafe conditions.

Use of seat belts is mandatory.

No distracted or impaired driving policy, including zero-tolerance provisions for texting/phone use while driving unless hands-free, in keeping with NC state law.

10. Company Property

Requirements for use, care, and return of company-owned uniforms, equipment (scanners/tablets/phones), and vehicles.

Terms for deductions or employee liability in cases of negligence or loss.

Procedures for reporting breakdowns or maintenance issues.

11. Confidentiality

Mandate confidentiality of client addresses, customer data, proprietary routing software/processes.

Restriction on use or sharing of company account/technology.

12. Prohibited Activities

Prohibition of unauthorized transport of non-company goods.

Prohibition of use of vehicle for personal errands.

Prohibition of carrying passengers unless expressly authorized.

13. At-Will Employment and Termination

This is an at-will employment relationship governed by North Carolina law. Either party may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the following:

• Voluntary Resignation: Employee must provide [Number] days written notice.
• Employer-Initiated Termination:
• Just Cause Definitions: Examples include repeated late deliveries, major safety violations, loss of license.
• Severance: [Description of Severance Policy, if any].
• Final Paycheck: Employee will receive their final paycheck in compliance with North Carolina wage laws.
• Return of Property: Employee must return all company property upon termination.

14. Anti-Discrimination and Equal Employment

Employer is an equal opportunity employer and complies with all applicable North Carolina and federal anti-discrimination laws. This includes protection against discrimination based on race, sex, color, religion, age, disability, national origin, military status, etc.

Fair treatment and accommodation procedures relevant to delivery drivers with disabilities or health conditions.

15. Workers' Compensation

Occupational injury, accident, and workers' compensation coverage as required by North Carolina statutes.

Specifics on injury reporting, medical treatment, return-to-work policy, and claims procedures.

16. Grievance Procedures and Dispute Resolution

Company grievance procedures: [Description of Procedures].

Dispute Resolution Process: [Negotiation, Mediation, or Arbitration]. Venue for any legal action shall be in [County Name] County, North Carolina.

Choice of Law/Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

17. Non-Solicitation, Non-Competition, and Moonlighting

Any non-solicitation, non-competition, or moonlighting restrictions comply with North Carolina law's reasonableness standard.

• Geographic Limitation: [Description of Geographic Limitation].
• Time Limitation: [Description of Time Limitation].
• Permitted Scope: [Description of Permitted Scope].
• Carve-outs for side-gig driving (if applicable): [Description of Carve-outs].

18. Privacy and Consent to Monitoring

Transparency regarding GPS/telematics/video in truck monitoring, compliant with NC and federal privacy regulations and company policy.

19. Training and Safety

Requirements for participation in employer-mandated safety or training sessions, continuing education, and annual driving record reviews.

20. Uniforms and Safety Gear

Uniforms, safety gear, or other PPE provided/required: [List of items].

Responsibility for cleaning or replacement costs: [Specify who bears the cost].

21. Weather-Related Disruptions

Policies for weather-related work disruptions.

Severe weather safety protocols (e.g., hurricane, snow/ice).

Reporting obligations for North Carolina's specific climate and natural disaster risks.

22. Discipline

Discipline procedures for policy violations, tardiness, no-shows, accident frequency, package loss/damage, or customer complaints.

Progressive discipline outlined: [Description of Progressive Discipline Policy].

23. Wage Deductions

Specific limits on wage deductions for loss or damage to company property, vehicle, cash, or goods, in full compliance with North Carolina wage and hour laws.

24. Representations and Warranties

Employee represents and warrants their ability to legally drive and eligibility for employment in the U.S. under North Carolina E-Verify requirements.

25. Amendments

Any changes or modifications to this Agreement require a written amendment signed by both parties.

26. 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, between the parties with respect to such subject matter.

Exhibits:

[List any attached exhibits, e.g., Company Driver Handbook, Key Delivery Policies, Customer Service Standards].

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Full Legal Name]

Signature: ____________________________

Date: [Date]