Oregon delivery driver employment contract template

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How Oregon delivery driver employment contract Differ from Other States

  1. Oregon mandates reimbursement for necessary business expenses, which must be explicitly detailed in employment contracts.

  2. State-specific minimum wage laws in Oregon often exceed federal standards and must be referenced in the employment contract.

  3. Oregon enforces distinct rest and meal break requirements for delivery drivers, impacting scheduling terms in contracts.

Frequently Asked Questions (FAQ)

  • Q: Is mileage reimbursement required in Oregon delivery driver contracts?

    A: Yes, Oregon law requires reimbursement for reasonable and necessary business expenses like mileage for delivery drivers.

  • Q: Does the contract need to mention Oregon’s minimum wage?

    A: Yes, it is important to state the applicable Oregon minimum wage rate in the employment contract for full legal compliance.

  • Q: Are specific rest and meal breaks required for Oregon delivery drivers?

    A: Yes, Oregon law mandates meal and rest breaks for hourly employees like delivery drivers and this should be included.

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Oregon Delivery Driver Employment Contract

This Oregon Delivery Driver Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

[Company Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Company Address] (“Employer”),

and

[Employee Name], residing at [Employee Address] (“Employee”).

Employer and Employee agree as follows:

1. Position:

  • Full-Time Delivery Driver.

2. Job Responsibilities:

  • Safe and timely pickup, transport, and delivery of goods or parcels.
  • Navigation of delivery routes using employer-approved vehicles, GPS, or route management technology.
  • Daily vehicle inspection, regular maintenance checks, and reporting of any operational or safety issues.
  • Strict adherence to all highway, traffic, and parking laws, including those specific to Oregon.
  • Responsible handling of goods to prevent loss or damage.
  • Timely and professional customer interaction, including obtaining proof of delivery and accurate documentation.
  • Collection and remittance of delivery receipts or customer signatures as required by employer.
  • Loading and unloading procedures compliant with weight, hazardous material, or perishable goods regulations applicable in Oregon.

3. Qualifications:

  • Valid Oregon driver’s license ([Specify Class, e.g., Class C] or other appropriate class for vehicle type).
  • Clean driving record (subject to review of Oregon DMV records).
  • Satisfactory criminal background check.
  • Passing state-mandated drug/alcohol tests (in line with Oregon statutes and the Oregon Marijuana Legalization Act), as required by Employer policy.
  • Ability to lift/carry employer-specified weights ([Specify Weight Range, e.g., up to 50 lbs]).
  • Familiarity with local geography.
  • Required training or certifications:
    • Option A: DOT medical card (if required).
    • Option B: HazMat endorsement (if necessary).

4. Work Location and Coverage Area:

  • Starting/Ending Location: [Location].
  • Assigned Territory: [Specific Area, e.g., Portland Metro Area, Willamette Valley].
  • Regional Boundaries: [Specific Cities/Counties].

5. Employment Status and Work Hours:

  • Full-time employment.
  • Work Hours: [Specify Hours, e.g., 8:00 AM to 5:00 PM], [Specify Days of the Week, e.g., Monday through Friday].
  • Overtime: Calculated according to Oregon wage and hour law (ORS 652; overtime over 40 hours/week at 1.5x regular rate).
  • Meal and Rest Breaks:
    • Option A: 30-minute unpaid meal period for every 6-8 hours worked, provided in accordance with Oregon law.
    • Option B: Paid 10-minute rest breaks per 4 hours worked, provided in accordance with Oregon law.
  • Weekend/Holiday Work: [Specify Policy, e.g., Occasional weekend work may be required with advance notice; Holiday work is compensated at 1.5x regular rate.]

6. Compensation:

  • Hourly Wage: [Dollar Amount] per hour.
  • Payment Frequency: [Specify, e.g., Bi-weekly], in line with Oregon’s pay requirements.
  • Overtime Rate: 1.5x regular hourly wage for hours worked over 40 in a workweek.
  • Bonuses/Incentives:
    • Option A: Route bonuses based on [Specify Criteria, e.g., on-time delivery percentage].
    • Option B: Per-delivery performance pay: [Dollar Amount] per delivery.
    • Option C: Safe driving incentives: [Specify Incentive, e.g., Gift card, bonus] for each accident-free month.
    • Option D: Customer service bonuses: [Specify Criteria, e.g., Positive customer reviews].
  • Expense Reimbursement:
    • Fuel: Reimbursed at [Dollar Amount] per mile based on IRS standard mileage rate, or actual cost with receipts.
    • Tolls: Reimbursed with receipts.
    • Parking: Reimbursed with receipts.

7. Benefits:

  • Statutory Sick Leave: Minimum 1 hour earned per 30 hours worked per ORS 653.606.
  • Paid Vacation: [Specify Amount, e.g., 2 weeks per year], accrued according to company policy.
  • Oregon Family Leave Act (OFLA) rights.
  • Holiday Pay: [Specify Holidays, e.g., New Year’s Day, Memorial Day].
  • Health Insurance: [Specify Coverage, e.g., Medical, Dental, Vision] (subject to eligibility requirements).
  • Retirement Plan: [Specify Plan, e.g., 401(k) with Employer Match] (subject to eligibility requirements).
  • Workers’ Compensation Insurance.
  • Uniforms: Employer-provided uniforms.
  • Mileage/Cell Phone Allowance: [Specify Amount] per month for cell phone use.

8. Vehicle Use:

  • Vehicle Type: [Specify, e.g., Employer-provided vehicle; Employee-owned vehicle].
  • Insurance:
    • Option A: Employer Vehicle: Employer covers insurance premiums.
    • Option B: Employee Vehicle: Employee responsible for maintaining adequate insurance coverage. Employer requires proof of insurance.
  • Liability:
    • Option A: Employer Vehicle: Employer's insurance covers liability for accidents during work hours.
    • Option B: Employee Vehicle: Employee's insurance is primary, with Employer providing supplemental coverage as required by law.
  • Accident Reporting: Employee must immediately report all accidents to Employer and law enforcement.
  • Traffic Violations: Employee is responsible for all fines and penalties resulting from traffic violations. Reporting of citations is required within [Number] days.

9. Safety and Health:

  • Mandatory Training:
    • Oregon OSHA delivery driver safety training.
    • Lifting technique training.
    • Emergency response procedures.
  • Accident/Injury Reporting: Employee must immediately report all accidents and injuries to Employer.
  • COVID-19/Public Health Requirements: Adherence to all applicable public health guidelines and Employer policies related to COVID-19 or other public health concerns.
  • Drug-Free Workplace: Employee must comply with Employer's drug-free workplace policy, consistent with Oregon law (including limitations on off-duty marijuana use for safety-sensitive positions).

10. Reporting Relationships and Communication:

  • Direct Supervisor: [Supervisor Title, e.g., Delivery Manager].
  • Communication Protocols: Employer-provided mobile device. Adherence to usage policies.
  • Missed/Delayed Deliveries: Employee must immediately notify supervisor of any missed or delayed deliveries.
  • Delivery Management System: Employee must use the Employer's delivery management system for tracking deliveries and providing updates.

11. Confidentiality:

  • Employee agrees to maintain the confidentiality of customer information, internal business practices, and data handled in the course of deliveries.
  • Prohibition on unauthorized use of delivery data or customer details.

12. Property and Equipment:

  • Employer-owned equipment assignment: [List Equipment, e.g., Scanner, Hand Truck].
  • Maintenance: Employee is responsible for maintaining assigned equipment in good working order.
  • Return of Property: Employee must return all Employer-owned property at the end of employment.
  • Liability: Employee may be held liable for lost or damaged items due to negligence.

13. Employee Conduct:

  • Professional behavior when interacting with customers and the public.
  • Compliance with company dress code.
  • No unauthorized passengers permitted in the vehicle.
  • Prohibition on use of handheld devices while driving, in accordance with Oregon law.

14. Non-Solicitation/Non-Compete:

  • Non-Solicitation: During and for [Number] months following termination of employment, Employee shall not solicit Employer’s customers for any competing business.
  • Non-Compete: [Insert Non-Compete Clause if Applicable, ensuring it complies with Oregon's strict requirements for enforceability, including advance written notice, minimum salary thresholds, and compliance with ORS 653.295. Consult with legal counsel. Most driver roles are not subject to enforceable non-competes in Oregon.]
  • Non-Disclosure: Employee agrees to protect Employer's proprietary information and trade secrets.

15. At-Will Employment:

Unless otherwise stated in a separate written agreement, employment is at-will. Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to the notice provisions outlined below.

16. Termination:

  • Resignation: Employee must provide [Number] days’ written notice of resignation.
  • Termination by Employer: Employer may terminate employment for cause or without cause, subject to applicable Oregon law.
  • Immediate Suspension: Employer may immediately suspend or remove Employee from driving duties for egregious conduct or license suspension.
  • Final Pay: Final paycheck will be provided to Employee by the end of the next business day if terminated, in accordance with Oregon law.
  • Accrued Benefits: Policy for processing accrued benefits at separation will be in accordance with Oregon law and Employer's standard policies.

17. Anti-Discrimination and Harassment:

  • Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, gender, sexual orientation, marital status, national origin, age, disability, or any other protected characteristic under Oregon law.
  • Commitment to an inclusive and safe work environment for all employees.
  • Process for reporting and investigating complaints: [Specify Process].

18. DOT Compliance:

Compliance with Oregon and federal Department of Transportation (DOT) motor carrier safety regulations, including hours of service, logbook maintenance for regulated vehicles, and random vehicle inspections.

19. Dispute Resolution:

  • Disputes shall be resolved through:
    • Internal complaint handling.
    • Mediation.
    • Arbitration.
    • Litigation (if other methods fail).
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.
  • Venue: Any legal action arising out of this Agreement shall be brought in the state or federal courts located in [Specify County, e.g., Multnomah County], Oregon.

20. Employee Right to Organize:

Employee has the right to organize or participate in unions as protected under Oregon law.

21. Contract Review and Updates:

  • Employer may periodically review and update this Agreement to reflect changes in Oregon law or delivery industry standards.
  • Substantial amendments require mutual written consent.

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

[Company Name]

By: [Name]

Title: [Title]

[Employee Name]

Signature: ____________________________

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