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How Ohio delivery driver employment contract Differ from Other States

Ohio requires clear delineation between employees and independent contractors, with stricter enforcement under state law.
Ohio state law mandates specific minimum wage and overtime provisions that may differ from other states’ requirements.
Employers in Ohio must comply with unique workers’ compensation insurance regulations, which may not match those in other states.

Frequently Asked Questions (FAQ)

Q: Is at-will employment applicable for delivery drivers in Ohio?

A: Yes, at-will employment applies, meaning either the employer or employee can terminate the employment at any time.
Q: Are meal or rest breaks required for delivery drivers in Ohio?

A: Ohio does not require employers to provide meal or rest breaks, but company policies may offer them.
Q: Does the contract need to specify overtime pay for Ohio drivers?

A: Yes, the contract should reference Ohio’s overtime laws, which require time-and-a-half pay for hours worked over 40 per week.

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Ohio Full-Time Delivery Driver Employment Agreement

This Ohio Full-Time Delivery Driver Employment Agreement (the "Agreement") is made and effective as of [Effective Date], by and between:

[Employer Name], a [State] [Entity Type, e.g., LLC] with its principal place of business at [Employer Address] ("Employer"), and

[Employee Name], residing at [Employee Address] ("Employee").

1. Position:

Full-Time Delivery Driver.
- Option A: Reports to [Supervisor Name], [Supervisor Title].
- Option B: Reports to the Delivery Manager.
Job Responsibilities:
- Safe and timely delivery of goods or packages to designated addresses in Ohio.
- Confirming deliveries with signatures or digital tracking.
- Route planning/navigation using assigned software or GPS.
- Daily vehicle inspection checklists and routine vehicle cleaning.
- Basic vehicle care (checking fluids/tire pressure).
- Reporting any damage/accidents or traffic violations during work.
- Strict compliance with traffic laws and local delivery ordinances.
- Customer service (polite interaction, resolving delivery issues).
- Handling of cash or payment on delivery if applicable.
- Use and maintenance of Employer’s delivery devices/tools (scanners, company phones, etc.).
- Daily reporting of completed deliveries.
- Adherence to Ohio Department of Transportation (ODOT) and any applicable municipal regulations.

2. Vehicle Ownership and Use:

Option A: Employer Provides Vehicle
- Employer provides the vehicle for all delivery-related tasks. The vehicle make/model is [Vehicle Make and Model]. Maintenance schedule will be provided.
- Employee is responsible for maintaining cleanliness of the vehicle.
Option B: Employee Provides Vehicle
- Employee is responsible for providing their own vehicle for deliveries.
- Required liability insurance coverage: Must meet or exceed Ohio minimums: [Insurance Coverage Amount].
- Reimbursement Policy:
  - Mileage Reimbursement: [Mileage Rate] per mile.
  - Gas Reimbursement: [Gas Reimbursement Policy]
  - Vehicle Maintenance: [Vehicle Maintenance Reimbursement Policy]
- Employee must possess a valid Ohio driver’s license, which will be periodically re-verified.
- Employee must maintain a clean driving record, defined as no more than [Number] moving violations in the past [Time Period].
- Employee must immediately report any loss or suspension of their driver’s license.
- Employee must complete company-approved driver safety training programs, including any required by Ohio DOT or the Employer’s insurer.

3. Work Location(s):

Ohio-specific areas or delivery routes: [List of Areas/Routes].
Company facilities: [List of Company Facilities Addresses].
Designated parking/staging areas: [List of Parking Areas/Addresses].
Reporting:
- Option A: Employee reports to warehouse/distribution center: [Warehouse Address].
- Option B: Employee delivers directly from home.

4. Work Schedule:

Standard start time: [Start Time]; Standard end time: [End Time].
Split shifts: [Yes/No]. If yes, describe: [Split Shift Description].
Expected number of delivery assignments per week: [Number].
Expected number of hours per week: [Number].
"On call" or mandatory weekend/holiday work: [Yes/No]. If yes, describe: [On-Call/Weekend/Holiday Policy].
Overtime:
- Overtime eligibility: Per Ohio state law (time and one-half for hours worked over 40 per week).
Meal and Rest Breaks:
- Meal and rest break rules: In accordance with Ohio Revised Code (ORC 4109.07 for minors) and local best practices for adults. Specifics: [Meal and Rest Break Policy].
Clock-in/out procedures: [Clock-In/Out Procedure Description].
GPS tracking/workflow app usage requirements: [GPS Tracking/Workflow App Policy].

5. Compensation:

Base hourly wage: [Hourly Wage] (meeting or exceeding the current Ohio state minimum wage).
Option A: Base annual salary: [Annual Salary].
Overtime rate: Time and one-half.
Pay frequency: [Pay Frequency, e.g., Bi-weekly].
Method: [Method, e.g., Direct Deposit].
Performance-based bonuses:
- Option A: Safety Bonus: [Bonus Amount/Criteria].
- Option B: Efficiency Bonus: [Bonus Amount/Criteria].
- Option C: Per-delivery incentive: [Incentive Amount/Criteria].

6. Benefits:

Medical insurance: [Yes/No/Eligibility Details].
Dental insurance: [Yes/No/Eligibility Details].
Vision insurance: [Yes/No/Eligibility Details].
Paid time off (PTO):
- Vacation: [Number] days per year.
- Sick leave: [Number] days per year.
- Personal days: [Number] days per year.
- Ohio state or local leave requirements: [Compliance Details].
Retirement plans (401k or comparable): [Yes/No/Eligibility Details].
Reimbursements:
- Mileage reimbursement: See Vehicle Ownership Section.
- Cell phone reimbursement: [Yes/No/Amount].
Uniform allowance: [Yes/No/Amount].
Drivers’ safety training reimbursement: [Yes/No/Details].
Family/medical leave policies: In accordance with FMLA (federal) and Ohio-specific requirements. Details: [FMLA/Ohio Leave Details].

7. Occupational Health and Safety:

Commitment to OSHA standards and Ohio Public Employees Risk Reduction Program (PERRP) if applicable.
Employer-provided PPE (reflective vests, gloves, etc.): [List of PPE].
Mandatory reporting protocols for work-related accidents/injuries: [Reporting Protocol].
Provision of safety training in lifting and ergonomics: [Training Schedule].
Right to refuse unsafe deliveries or routes: [Policy on Refusal].
Procedures for compliance with adverse weather/emergency conditions: [Emergency Procedure].
Regular safety performance review: [Review Schedule].

8. Driving Record, Reporting, and Background Check Requirements:

Consent to Ohio BCI background checks.
Regular renewal of driving record review.
Immediate disclosure of citations/criminal convictions affecting fitness for the role.
Drug/alcohol testing policies: Per Ohio and DOT rules. [Specific Testing Details].
Zero tolerance policies: For DUI or reckless driving.

9. Vehicle Equipment and Business Tools:

Employer-provided vehicles: (See Vehicle Ownership Section for make/model, maintenance schedule, emergency equipment).
Use of employer fuel/credit cards: [Fuel/Credit Card Policy].
Procedures for cost reimbursement: [Cost Reimbursement Procedure].
Use of employer-provided or employee-owned smartphones: [Smartphone Policy].
GPS or delivery software accountability: [GPS/Software Policy].

10. Handling of Cash/Packages:

Security procedures for high-value deliveries: [High-Value Delivery Procedure].
Liability for loss or theft during delivery: [Liability Policy].
Mandatory signature requirements: [Signature Requirement Policy].
Compliance with Ohio laws on the handling of prescription drugs or age-restricted goods (e.g., alcohol, tobacco): [Compliance Policy].

11. Confidentiality and Data Security:

Employee responsibility to protect customer addresses, phone numbers, and package content details.
Compliance with company privacy/data retention policies.
Notification of data breaches: [Notification Procedure].
Restrictions on use of personal devices for work-related information.

12. Supervision and Reporting Lines:

Supervisor: [Supervisor Name], [Supervisor Title].
Escalation and communication procedures during delivery: [Communication Procedure].
Rules regarding unauthorized passengers or ride-alongs: Per company and Ohio DOT policy. [Ride-Along Policy].

13. Behavioral Standards:

Professional appearance (uniform policy, personal hygiene): [Uniform Policy].
Zero-tolerance for discrimination or harassment: Including coverage for all protected categories under Ohio Revised Code 4112.
Adherence to anti-violence and anti-theft rules.
Social media policies: Restrictions on posting about work/customers. [Social Media Policy].
Non-solicitation of customers.
Prohibition on unauthorized stops or personal errands during working hours.

14. Intellectual Property and Ownership:

Company ownership of delivery records, routes, and proprietary business data.
Restrictions on sharing company-developed software/systems.

15. Employment Term and Termination:

At-will employment: As permitted in Ohio.
Required notice period for resignation/termination: [Number] days.
Return-of-property procedures: [Return Property Procedure].
Final paycheck deadlines: Per Ohio law.
Immediate separation: For drug/alcohol impairment, reckless driving, or gross misconduct.
Layoff or workforce reduction policies: Per Ohio WARN Act and company procedures.

16. Dispute Resolution:

Escalation from internal grievance processes to mediation or arbitration as preferred.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
Jurisdiction: Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in [Ohio County Name] County, Ohio.
Reporting to EEOC or Ohio Civil Rights Commission: If applicable.

17. Workers’ Compensation:

Coverage: In accordance with Ohio Bureau of Workers’ Compensation (BWC).
Required workplace accident reporting timelines: [Reporting Timeline].
Process for medical evaluation and return-to-work: [Process Details].

18. Equal Employment Opportunity and Non-Discrimination Policy:

Coverage: Race, color, religion, sex, national origin, disability, age, military status, and other categories per Ohio law.
Employee acknowledgement of policy.
Reasonable accommodation process for disabilities: [Accommodation Process Details].

19. Industry Compliance: