West Virginia delivery driver employment contract template

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How West Virginia delivery driver employment contract Differ from Other States

  1. West Virginia mandates specific at-will employment language, which differs in required wording from some other states.

  2. The state has unique minimum wage and overtime regulations that must be referenced explicitly in the contract.

  3. Background check disclosures in West Virginia must comply with state-specific privacy and authorization provisions.

Frequently Asked Questions (FAQ)

  • Q: Is overtime pay required for delivery drivers in West Virginia?

    A: Yes, West Virginia follows federal law, requiring overtime pay for hours worked over 40 per week unless an exemption applies.

  • Q: Do I need to include at-will employment language in my West Virginia contract?

    A: Yes, it's highly recommended to include state-specific at-will employment language in your delivery driver contract.

  • Q: Are delivery drivers entitled to meal or rest breaks in West Virginia?

    A: West Virginia law requires meal breaks for employees working more than six consecutive hours, including delivery drivers.

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West Virginia Full-Time Delivery Driver Employment Agreement

This Full-Time Delivery Driver Employment Agreement ("Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and [Driver Full Legal Name], residing at [Driver Address] ("Driver").

Employment

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

Option B: Driver will be an at-will employee of the Employer. This means that either the Driver or the Employer can terminate the employment relationship at any time, with or without cause, and with or without notice, subject to applicable West Virginia and federal law.

Job Duties

Option A: The Driver's duties shall include, but are not limited to, the following, all of which are specific to the West Virginia delivery industry:

  • Safe and lawful operation of company-provided vehicles.
  • Timely and accurate delivery of goods, parcels, or other items to designated locations in West Virginia.
  • Loading and unloading of vehicles, ensuring proper cargo securement.
  • Optimal route planning and execution using GPS navigation and local West Virginia knowledge.
  • Upholding all roadside safety protocols and regulations.
  • Performing pre- and post-trip vehicle inspections and reporting any issues.
  • Maintaining accurate delivery logs and manifests in compliance with FMCSA and West Virginia DOT requirements.
  • Obtaining accurate delivery confirmation, whether through electronic signatures or physical documents.
  • Handling cash or payment collection from customers, if applicable.
  • Providing excellent customer service, including proper package placement and professional interaction.
  • Regular cleaning and maintenance of assigned vehicle.
  • Basic on-the-road troubleshooting (e.g., flat tire repair, minor mechanical issues).
  • Reporting all accidents, incidents, or traffic violations promptly and accurately.

Option B: Detailed list of specific duties is attached as Exhibit A.

Location of Operation

Option A: The Driver's primary delivery area(s) will be [Specific Region(s), Municipalities, or Routes within West Virginia].

Option B: Interstate deliveries or border-state travel [is/is not] required. If required, Driver must comply with all applicable regulations of those states. Any special compliance steps will be provided by the Employer.

Employment Type and Work Hours

Option A: This is a full-time position. The standard work week is [Number] hours. The maximum work week is [Number] hours.

Option B: Overtime will be paid at a rate of one and one-half (1.5) times the Driver’s regular hourly rate for all hours worked over 40 in a workweek, as required by the Fair Labor Standards Act (FLSA) and West Virginia state law.

Option C: Scheduling policies, including weekends, holidays, and on-call shifts, will be determined by the Employer and communicated to the Driver in advance.

Option D: Paid rest and meal breaks will be provided in accordance with West Virginia state statute.

Option E: Procedures for shift swaps or last-minute coverage will be as follows: [Describe Procedures].

Compensation and Benefits

Option A: The Driver will be paid at an hourly rate of [Dollar Amount] per hour. This rate is at or above the West Virginia minimum wage.

Option B: The Driver will be paid a salary of [Dollar Amount] per year.

Option C: Pay cycle: [Weekly/Bi-Weekly/etc.]. Wage payments will be made via [Direct Deposit/Check].

Option D: Deductions will be made for applicable taxes, garnishments (if any), and any voluntary deductions authorized by the Driver.

Option E: Driver is eligible for the following bonuses: [Safe Driving Incentive/Punctuality/Customer Feedback/Volume-Based Bonuses]. Specifics on bonus calculations are in Exhibit B.

Option F: Mileage reimbursement will be calculated according to the following formula: [Mileage Reimbursement Formula]. This complies with IRS or company policy.

Option G: Fuel allowances and toll reimbursement for West Virginia toll roads will be provided as follows: [Specifics on Fuel Allowances and Toll Reimbursement].

Benefits

Option A: The Driver will be covered under West Virginia Workers’ Compensation and Unemployment Insurance.

Option B: The Driver is eligible for the following benefits: [Health Insurance/Dental Insurance/Vision Insurance/Paid Vacation/Paid Sick Leave/Paid Holidays/Bereavement Leave/Short-Term Disability/Long-Term Disability/Retirement Plan]. Details regarding these benefits are available in the employee handbook. Paid vacation and sick leave accrue and are used in compliance with West Virginia state rules.

Option C: The Employer will provide a uniform or work apparel. Maintenance and replacement policies are as follows: [Maintenance and Replacement Policies].

Option D: The Employer will reimburse the Driver for required licensure, specifically [CDL/Medical Card, if needed].

Option E: The Driver is required to undergo drug and alcohol testing. The policies and compliance standards are outlined in Exhibit C.

Option F: The Driver will participate in driver safety or defensive driving training.

Pre-Employment and Ongoing Requirements

Option A: The Driver must provide proof of a valid and appropriate West Virginia driver’s license, including any required endorsements.

Option B: The Driver must maintain a clear motor vehicle record. The Employer will conduct periodic checks.

Option C: The Driver must pass a criminal background check in accordance with West Virginia law.

Option D: The Driver must comply with the Employer’s fleet insurance requirements.

Option E: The Driver must maintain medical fitness certification, where applicable.

Option F: If the vehicle/route type triggers federal requirements, the Driver must adhere to all FMCSA guidelines for commercial drivers.

Vehicle Assignment and Maintenance

Option A: The Employer will provide a vehicle of the following make and model: [Vehicle Make/Model].

Option B: The Driver is responsible for daily pre- and post-trip inspections.

Option C: The Driver must immediately report any mechanical issues to [Designated Person/Department].

Option D: The Employer will arrange for vehicle maintenance and emergency roadside assistance.

Option E: The Driver is responsible for maintaining the vehicle’s cleanliness and reporting any damage.

Option F: Personal use of the vehicle is [Permitted/Not Permitted] under the following restrictions: [Restrictions on Personal Use].

Option G: The vehicle may be equipped with GPS/telemetry monitoring. The Driver acknowledges and consents to such monitoring, and the Employer will comply with all applicable West Virginia privacy laws. Notices regarding GPS monitoring are included in Exhibit D.

Accident, Incident, and Citation Reporting

Option A: The Driver must report all accidents, incidents, and citations to [Designated Person/Department] within [Timeframe].

Option B: The Driver must provide all required documentation as specified by state and federal law.

Option C: The Driver may be required to undergo post-accident drug and alcohol testing.

Option D: The Driver must cooperate with insurance and legal proceedings related to any accident or incident.

Option E: The Employer’s discipline policy for repeated traffic violations or at-fault accidents is as follows: [Discipline Policy].

Behavioral and Safety Standards

Option A: The Driver must comply with all applicable traffic and commercial transport regulations.

Option B: The Driver must adhere to the Employer’s policies on distracted driving, including mobile phone usage.

Option C: The Driver must treat customer property with respect.

Option D: The Driver must follow anti-theft protocols and cash/cargo handling procedures.

Option E: Unauthorized passengers are strictly prohibited.

Option F: The Driver must wear a seat belt and any required PPE at all times while operating the vehicle.

Option G: The Employer has a zero-tolerance policy for substance use during work hours.

Confidentiality

Option A: The Driver must maintain the confidentiality of delivery contents and customer data in accordance with West Virginia privacy law and any applicable federal standards (e.g., HIPAA for medical deliveries).

Option B: The Driver is prohibited from discussing sensitive business or customer information outside of work-related contexts.

Option C: The Driver must adhere to the Employer’s customer interaction protocols to maintain privacy and professionalism.

Chain of Command and Communication

Option A: The Driver’s supervisor/dispatch contact is [Supervisor Name/Contact Information].

Option B: Standard communications procedures include the required use of company mobile apps, radios, and logs.

Option C: Route assignment and dispatch protocols will be provided by the Employer.

Option D: The Driver must follow the mandatory check-in and shift completion processes as instructed.

Option E: Emergency communications steps are as follows, as required by the company and local authorities: [Emergency Communications Steps].

Termination

Option A: As this is an at-will employment relationship, either the Employer or the Driver may terminate the employment at any time, with or without cause, and with or without notice, subject to applicable West Virginia law.

Option B: In the event of termination, the Driver’s final paycheck will be issued within the timeframe required by West Virginia statute.

Option C: Upon termination, the Driver must return all uniforms, equipment, and other company property.

Option D: The exit process obligations are as follows: [Exit Process Obligations].

Progressive Discipline

Option A: The Employer utilizes a progressive discipline policy.

Option B: Infractions that may lead to immediate termination include, but are not limited to, impaired driving, gross negligence, and repeated violations of company policy or applicable laws.

Option C: The Employer complies with all West Virginia and federal non-discrimination, anti-harassment, and equal employment opportunity requirements.

Workplace Safety

Option A: The Employer maintains workplace violence prevention, anti-harassment, and anti-bullying policies aligned with West Virginia law and company best practices. Details can be found in Exhibit E.

Option B: The Employer will provide protocols for driver safety in dangerous weather, road closures, and other adverse conditions.

Option C: The Driver has the authority to halt work for safety reasons if conditions are deemed unsafe.

Option D: The Employer complies with all applicable West Virginia occupational health and safety regulations.

Option E: The Driver has the right to report unsafe conditions and is protected from retaliation for doing so.

Option F: Procedures for filing internal safety grievances or contacting the West Virginia Division of Labor are available from HR.

Dispute Resolution

Option A: Any disputes arising from this Agreement will be resolved through the following procedure:

  • Escalation to the Driver’s supervisor.
  • Submission of a written grievance.
  • Possible mediation or arbitration (designating West Virginia law and venue).

Option B: This dispute resolution procedure does not apply to matters governed by collective bargaining agreements or federal statutes.

Union Membership

Option A: This position [is/is not] covered by a collective bargaining agreement. If covered, the terms of the collective bargaining agreement will govern where inconsistent with this Agreement. Details of the agreement can be obtained from [Union Representative/HR].

Drug-Free Workplace

Option A: The Employer maintains a drug-free workplace policy in accordance with West Virginia law.

Option B: Enforcement procedures may include random or regular screening requirements.

Option C: Rehabilitation resources or Employee Assistance Program (EAP) information is available from HR.

Restrictive Covenants

Option A: This Agreement [does/does not] contain restrictive covenants.

Option B: The Driver agrees to maintain the confidentiality of the Employer’s trade secrets and customer information.

Option C: Non-solicitation of employees and customers [is/is not] permitted during and after employment.

Option D: Any non-compete restrictions will be narrowly tailored to protect legitimate business interests, recognizing West Virginia law's limitations on such agreements, particularly for delivery roles.

Company-Owned Devices and Technology

Option A: The Driver may be provided with company-owned devices and technology, including GPS units and mobile apps.

Option B: The Employer may monitor the Driver’s location and data usage in accordance with West Virginia privacy statutes.

Option C: The Driver acknowledges and consents to such monitoring.

Intellectual Property

Option A: While the Driver’s role is primarily operational, any intellectual property created by the Driver in connection with their employment, such as route optimization ideas or delivery procedures, will be the property of the Employer. However, it is acknowledged that IP elevation is generally less relevant for delivery driver roles.

Compliance with Laws

Option A: The Driver must comply with all applicable local, state, and federal laws governing commercial transportation, including West Virginia-specific vehicle weight/size and cargo restrictions.

Option B: The Driver must maintain all required licenses and certifications.

Entire Agreement

Option A: 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.

Governing Law

Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of laws principles.

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

____________________________

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Driver Full Legal Name]

Driver Signature: ____________________________

Date: ____________________________

Exhibits:

Exhibit A: Detailed Job Duties

Exhibit B: Bonus Calculation Details

Exhibit C: Drug and Alcohol Testing Policy

Exhibit D: GPS Monitoring Notice

Exhibit E: Workplace Violence Prevention Policy

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