South Dakota delivery driver employment contract template

South Dakota Delivery Driver Employment Agreement

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

• [Employer Name], a [State of Incorporation] corporation, with its principal place of business at [Employer Address], hereinafter referred to as "Employer,"
• and
• [Employee Name], residing at [Employee Address], hereinafter referred to as "Employee."

1. Employment Position & Job Description

• The Employer hereby employs the Employee as a Full-Time Delivery Driver.
• Job Description: The Employee shall perform the following duties primarily within South Dakota:
  • Safe operation of company vehicles.
  • Route planning and execution within South Dakota.
  • Timely and accurate delivery of goods to designated locations.
  • Loading and unloading packages.
  • Obtaining recipient signatures and verifying delivery.
  • Managing delivery documentation.
  • Reporting any delivery obstacles to dispatch.
  • Maintaining vehicle cleanliness and performing basic maintenance checks.
  • Complying with all local traffic laws and commercial vehicle regulations in South Dakota.
  • Using GPS technology and delivery apps as required by the Company.

2. Company Standards & Expectations

• Adherence to company standards for customer service.
• Following the uniform and appearance protocol.
• Maintaining clear communication with dispatch and recipients.
• Properly handling cash or digital payments, if applicable.
• No unauthorized stops or personal use of company vehicles.
• Prompt reporting of accidents or traffic citations.

3. Work Location

• Base Address: [Company Warehouse/Hub Address]
• Geographic Scope of Deliveries: Primarily within the state of South Dakota.
  • Option A: Deliveries limited to [Specific Cities/Counties in SD].
  • Option B: Cross-border deliveries may be required to [Specify Bordering States/Areas] subject to applicable regulations.

4. Employment Type & Work Hours

• Employment Type: Full-Time.
• Standard Weekly Hours: [Number] hours per week.
• Daily Schedule: [Start Time] to [End Time], [Days of the Week].
• Weekly Schedule: [Days of the week]
• On-Call/Weekend Shifts:
  • Option A: Required on-call shifts: [Specify Schedule/Frequency].
  • Option B: Weekend shifts may be required with advance notice.
  • Option C: No on-call or weekend shifts required.
• Rest Breaks: Consistent with federal Department of Labor rules for non-exempt employees.
• Meal Periods: [Specify duration and schedule of meal periods].

5. Compensation

• Wage/Salary: [Dollar Amount] per [Hour/Week/Pay Period].
• Payment Method: [Check/Direct Deposit].
• Payment Frequency: [Weekly/Bi-weekly].
• Overtime Compensation: Paid at a rate of one and one-half (1.5) times the regular rate of pay for hours worked over forty (40) in a workweek, as required by the Fair Labor Standards Act (FLSA).
• Tips/Gratuities:
  • Option A: Employees may retain all tips received.
  • Option B: Tips are pooled and distributed according to company policy.
• Delivery-Related Bonuses/Incentives:
  • Option A: Per-mile bonus: [Dollar Amount] per mile.
  • Option B: Per-delivery bonus: [Dollar Amount] per delivery.
  • Option C: Safe driving award: [Specify criteria and reward].
• Travel Allowance: [Dollar Amount] per [Day/Week], or reimbursement for approved travel expenses.

6. Benefits

• Health Insurance:
  • Option A: Employer offers health, dental, and vision insurance, subject to eligibility requirements.
  • Option B: Employer does not offer health, dental, or vision insurance.
• Retirement Plan:
  • Option A: Employer offers a 401(k) plan with [Specify matching contributions].
  • Option B: Employer does not offer a 401(k) plan.
• Paid Time Off (PTO): [Number] days of vacation, [Number] days of sick leave, and [Number] paid holidays.
• Holidays: [List of South Dakota recognized holidays].
• Bereavement Leave: [Number] days of bereavement leave.
• Family Medical Leave: Subject to eligibility under the federal Family and Medical Leave Act (FMLA). South Dakota does not have its own FMLA.
• Workers' Compensation: Coverage provided in accordance with South Dakota law. Report any work-related injuries to [Contact Person/Department] immediately.

7. Driver Qualifications

• Valid South Dakota driver's license of appropriate class, including commercial driver's license (CDL) if required for the vehicle.
• Current driving record abstract.
• Minimum [Number] years of driving experience with a clean driving record.
• Mandatory criminal background and motor vehicle record check.
• Periodic drug and alcohol screening in compliance with DOT regulations or company policy.
• Completion of company-specific training or defensive driving courses.

8. Vehicle Policy

• Vehicle Type:
  • Option A: Company Vehicle: Employee will use a company-owned vehicle.
  • Option B: Personal Vehicle: Employee may use their personal vehicle with prior approval.
• Insurance Coverage:
  • If using a company vehicle, Employer maintains insurance coverage.
  • If using a personal vehicle, Employee must maintain minimum South Dakota liability limits per SDCL chapter 32-35.
• Reimbursement for Vehicle Expenses (if using personal vehicle):
  • Fuel reimbursement: [Dollar Amount] per mile.
  • Maintenance reimbursement: Subject to pre-approval and documentation.
• Vehicle Maintenance & Inspections:
  • Company vehicles: Employer responsible for maintenance and inspections.
  • Personal vehicles: Employee responsible for maintenance and inspections.
• Tracking/Telematics Devices:
  • Option A: Company vehicles will be equipped with tracking and telematics devices.
  • Option B: Personal vehicles may be required to utilize tracking apps during work hours.
• Loss/Damage Responsibility: Employee responsible for damage through negligence.
• Accident Reporting: Report all accidents immediately to [Contact Person/Department]. Post-accident drug/alcohol testing may be required.
• Vehicle Condition Reporting: Employee must complete periodic vehicle condition reports as required by the company.

9. Company Property

• Use and return of all company equipment (scanner, uniforms, badges, company phone/devices).
• Restrictions against personal use or passengers in company vehicles.
• Duties for safeguarding deliveries and cash.

10. Job Safety

• Compliance with South Dakota's Occupational Safety and Health (OSHA) standards.
• Reporting Procedures: Report any workplace hazards, injuries, or accidents immediately to [Contact Person/Department].
• Training: Employee will receive training in safe lifting/material handling practices.
• Inclement Weather: Follow company protocols for driving in inclement weather.
• Dangerous Areas: Report any concerns about unsafe areas to your supervisor immediately.
• Right to Refuse: Employee has the right to refuse unsafe assignments without fear of reprisal, consistent with federal and state employee safety protections.

11. Confidentiality

• Confidentiality of customer information, delivery schedules, and business operations.
• Employee agrees to protect data privacy, including personal data contained in packages.
• Employee agrees not to disclose any proprietary information of Employer.

12. Performance Standards

• Timeliness and delivery accuracy.
• Positive customer feedback.
• Proper vehicle care.
• Attendance and punctuality.
• Reporting missed or delayed deliveries according to company protocol.

13. Disciplinary Policy

• Violation of company or vehicle use rules.
• Tardiness or absenteeism.
• Package mishandling.
• Accidents or unsafe driving.
• Failing drug/alcohol screenings.
• Progressive discipline: verbal warning, written warning, suspension, termination.
• Immediate termination may result from serious violations.

14. Termination

• Voluntary Resignation: Employee must provide [Number] weeks' written notice.
• Employer-Initiated Termination: Employer may terminate employment with or without cause.
• Final Paycheck: Final paycheck will be issued in compliance with South Dakota law, typically on the next regular payday.
• Return of Company Property: Employee must return all company property upon termination.

15. Non-Compete and Non-Solicitation

• Employee agrees not to compete with the Employer within a [Number] mile radius of [Specify Location] for a period of [Number] months following termination of employment. This restriction applies only to similar delivery services.
• Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment.
• These provisions are subject to the reasonableness requirements of South Dakota law (SDCL 53-9-8).

16. Dispute Resolution

• Internal Grievance Process: Employee should first attempt to resolve any disputes through the company's internal grievance process.
• Governing Law/Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any legal action shall be brought in the state or federal courts located in [County Name] County, South Dakota.
• Option A: Mandatory Arbitration: Any dispute arising under this agreement shall be settled by binding arbitration in [City, State] in accordance with the rules of the American Arbitration Association.
• Option B: Mediation: The parties agree to attempt to resolve any dispute through mediation prior to initiating litigation.

17. At-Will Employment

• Employment with the Employer is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, unless otherwise provided in a collective bargaining agreement.

18. Anti-Discrimination/Harassment

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law, including South Dakota Human Rights Act. The Employer prohibits unlawful harassment of any kind.

19. Workers' Compensation & Other Benefits

• Workers' Compensation: The Employer provides workers' compensation insurance as required by South Dakota law.
• OSHA Compliance: The Employer is committed to complying with all applicable OSHA regulations.
• Additional Insurance Benefits:
  • Option A: Employer offers short-term disability and/or life insurance benefits.
  • Option B: Employer does not offer short-term disability or life insurance benefits.

20. Reporting Requirements

• Employee must report any lost or stolen packages, accidents, injuries, or property damage to [Contact Person/Department] immediately.

21. Collective Bargaining Agreement

• Option A: This Agreement is subject to the terms of a collective bargaining agreement between the Employer and [Union Name].
• Option B: This Agreement is not subject to a collective bargaining agreement.

22. Secondary Employment

• Option A: Employee may not engage in secondary employment that interferes with their ability to perform their duties for the Employer.
• Option B: Employee is permitted to engage in secondary employment, provided it does not create a conflict of interest.

23. Acknowledgement

• The Employee acknowledges that they have read and understand all the terms of this Agreement.

24. Amendments

• This Agreement may be amended only by a written instrument signed by both parties.

25. Governing Law & Severability

• This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

26. Notices Received

• Employee acknowledges receipt of the following: [List of any required federal or state postings, handbooks, or notices].

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]

Date: ____________________________

Witness: ____________________________ (Optional)

Notary Public: ____________________________ (Optional)