North Dakota delivery driver employment contract template

North Dakota Delivery Driver Employment Contract

This North Dakota Delivery Driver Employment Contract 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 Street Address, City, State, Zip Code], hereinafter referred to as "Employer," and * [Employee Full Legal Name], residing at [Employee Street Address, City, State, Zip Code], hereinafter referred to as "Employee."

1. Position:

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

2. Job Responsibilities:

* Option A: The Employee's primary responsibilities include, but are not limited to: * Loading and unloading delivery vehicles. * Safe and timely delivery of goods or packages to various locations within North Dakota. * Verifying recipients and obtaining signatures or electronic confirmations. * Performing daily vehicle inspections and routine maintenance checks. * Reporting mechanical issues promptly. * Maintaining accurate delivery logs. * Adhering to prescribed delivery routes and schedules. * Handling cash or electronic payments (if applicable). * Using employer-provided or designated routing and communication devices. * Compliance with all employer delivery protocols and customer service standards. * Option B: See attached job description for detailed list of responsibilities.

3. Qualifications and Licenses:

* Option A: The Employee must possess and maintain the following qualifications and licenses: * A valid North Dakota driver’s license [Class D or CDL, as required]. * Proof of a clean driving record, free from any major violations as defined by North Dakota law (e.g., DUI, reckless driving, suspended license). * Successful completion of employer-provided training [e.g., DOT, hazardous materials, injury prevention]. * Successful completion of drug and alcohol screening per North Dakota or federal FMCSA requirements (if applicable). * Option B: Must provide valid driver's license and driving record upon request.

4. Working Hours and Days:

* Option A: The Employee's work schedule is as follows: * Full-time status: [Number] hours per week. * Daily start time: [Time] AM/PM. * Daily end time: [Time] AM/PM. * Weekend/holiday/on-call expectations: [Specify]. * Rest and meal periods: [Specify policy - Note: North Dakota does not mandate these for adults, but policy should be stated]. * Option B: Schedule will vary based on operational needs. Employee will be notified of schedule changes with [Number] days advance notice.

5. Work Locations:

* Option A: The Employee's primary work location is [Specific service areas, designated warehouses or facilities in North Dakota]. * Expectations for route flexibility or cross-region coverage within state boundaries: [Specify]. * Option B: Multiple delivery locations throughout North Dakota.

6. Employment Classification and Overtime:

* Option A: The Employee is classified as a W-2 employee and is considered non-exempt. * Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked in excess of forty (40) hours in a workweek. * Option B: Employee is an exempt employee and not eligible for overtime pay.

7. Pay Structure:

* Option A: The Employee's compensation is as follows: * Hourly wage: [Dollar Amount] per hour. OR Annual salary: [Dollar Amount]. * Method of payment: [Direct deposit/check]. * Regular pay dates: [Specify]. * Overtime rate: Time and one-half for hours worked over 40 in a workweek. * Additional compensation: [Delivery targets, safe driving bonuses, mileage reimbursement – Specify details and rates]. Mileage reimbursement will be paid at the current IRS rate/North Dakota rate. * Tips: [Specify policy on tips if applicable]. * Option B: Compensation will be determined on a per-delivery basis as outlined in Exhibit A.

8. Benefit Eligibility:

* Option A: The Employee is eligible for the following benefits: * Health, dental, vision insurance [Specify details]. * Retirement plans [Specify details]. * Paid sick leave [Specify details]. * Vacation [Specify details]. * North Dakota-recognized holidays [List holidays]. * Short-term disability [Specify details]. * Worker’s compensation: Covered under North Dakota Workforce Safety & Insurance (WSI). * Use of personal vehicles: [Specify policy]. * Option B: Employee is not eligible for benefits.

9. Employer Obligations:

* Option A: The Employer will provide: * Safe, DOT-compliant vehicles. * Regular vehicle maintenance schedules. * PPE (if required). * Training in accordance with North Dakota Occupational Safety & Health Administration (NDOSHA) and other state/federal transport safety standards. * Option B: Vehicle and maintenance responsibilities are covered by the employee. Employer will provide safety training.

10. Fuel, Vehicle Maintenance, and Uniforms:

* Option A: * Fuel costs: [Employer/Employee responsibility]. * Vehicle maintenance costs: [Employer/Employee responsibility]. * Uniforms: [Provided by Employer/Employee responsibility]. * Reimbursement procedures: [Specify]. * Company equipment care and return policies: [Specify]. * Option B: Employee is responsible for all costs associated with vehicle operation and maintenance.

11. Daily Workflow:

* Option A: The Employee will: * Use route optimization technology [Specify technology]. * Comply with required check-ins [Specify frequency and method]. * Adhere to company speed, safety, and delivery time standards. * Report accidents or incidents immediately, following North Dakota law enforcement and insurance protocols. * Option B: Deliveries must be completed within [number] hours of pick-up.

12. At-Will Employment and Termination:

* Option A: This is an at-will employment relationship, meaning either party may terminate the employment at any time, with or without cause or notice, subject to North Dakota law. * Grounds for termination may include, but are not limited to: repeated late deliveries, failed drug/alcohol tests, unsafe driving, violation of company policies. * Written notice: [Specify notice requirement, if any]. * Final wage payment: Will be made on the next regular payday, as required by North Dakota law. * Return of company property: The Employee must return all company property (keys, devices, uniforms, documents) upon termination. * Option B: Employer may only terminate the agreement for cause, with a 30-day notice period.

13. Anti-Discrimination and Equal Employment Opportunity:

* The Employer is an equal opportunity employer and does not discriminate on the basis of race, age, religion, disability, gender, or any other protected status under federal and North Dakota Human Rights Act.

14. Confidentiality:

* The Employee agrees to maintain the confidentiality of customer data, delivery contents, financial information, and proprietary company methods, both during and after employment. The unauthorized sharing of recipient or route information is strictly prohibited.

15. Privacy and Monitoring:

* Option A: The Employer may use GPS tracking and other monitoring technologies to ensure compliance with delivery protocols and safety standards. Data retention policies are as follows: [Specify]. Employee consents to such monitoring. * Option B: GPS tracking will not be used.

16. Training and Retraining:

* Option A: The Employee is required to participate in employer-provided training or retraining [e.g., safe driving, first aid, handling hazardous/delicate cargo]. Failure to comply may result in disciplinary action. * Option B: Employee must complete annual safety training.

17. Workplace Drug, Alcohol, and Tobacco Policy:

* Option A: The Employer maintains a zero-tolerance policy for drugs and alcohol. Employees are subject to testing in compliance with North Dakota law and federal FMCSA rules (if applicable). Positive results will result in termination. * Option B: Drug, alcohol, and tobacco use is prohibited while on duty.

18. Non-Compete/Non-Solicitation/Non-Disparagement (Optional):

* Option A: The Employee agrees not to compete with the Employer within [Specific geographic area] for a period of [Number] months following termination of employment. This restriction applies to [Specifically defined activities], but excludes general employment in the transportation sector. The Employee further agrees not to solicit employees or customers of the Employer during this period, and shall not disparage the Employer. * Option B: Non-compete/Non-solicitation/Non-Disparagement are not required.

19. Compliance with Regulations:

* The Employee must strictly adhere to all North Dakota traffic, safety, and vehicle operation regulations. Disciplinary procedures will be followed for citations, at-fault accidents, or driving-related criminal offenses.

20. Discipline and Grievance Procedures:

* The Employer has established internal complaint protocols and grievance procedures. Employees have the right to appeal disciplinary actions under North Dakota and federal law.

21. Work Injuries:

* The Employee must report any work injuries immediately and seek medical attention. The Employee has the right to file a claim with North Dakota WSI without retaliation.

22. Governing Law and Venue:

* This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County], North Dakota. Dispute resolution steps: [Internal complaint, mediation, possible arbitration - Specify].

23. Insurance Coverage:

* The Employer maintains workers’ compensation and unemployment insurance coverage as required by North Dakota law. Employees have the right to information about their rights under these programs.

24. Inclement Weather:

* In the event of inclement weather, road closures, or other "Acts of God," the Employee should follow established company procedures for safety withdrawal and reporting.

25. Licensure and Certifications:

* The Employee is responsible for maintaining up-to-date licensure, medical certifications, and annual driving record reviews as mandated by the North Dakota Department of Transportation and Employer policy.

26. Incorporation by Reference:

* All Employer policies, employee handbooks, and SOPs referenced herein are incorporated by reference and may be amended in compliance with North Dakota law, subject to mandatory employee notice.

27. Updates to Contract Language:

* This contract language may be updated to reflect changing North Dakota statutory or regulatory requirements. Confirmation and Acknowledgment: The parties have executed this North Dakota Delivery Driver Employment Contract as of the date first written above. ____________________________ [Employer Representative Name, Title] ____________________________ [Employee Full Legal Name] Date: [Date] Date: [Date] I acknowledge that I have received a complete copy of this Agreement and access to all referenced policies. ____________________________ [Employee Full Legal Name]