Wisconsin delivery driver employment contract template

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How Wisconsin delivery driver employment contract Differ from Other States

  1. Wisconsin enforces strict at-will employment provisions, making termination without cause permissible unless restricted by contract.

  2. State-specific wage and hour laws in Wisconsin may require more frequent payment periods compared to other states.

  3. Wisconsin mandates special disclosures on worker classification to avoid misclassification between employees and independent contractors.

Frequently Asked Questions (FAQ)

  • Q: Does Wisconsin require a written delivery driver employment contract?

    A: While not required by law, a written contract is recommended to clarify employment terms and protect both parties.

  • Q: Are non-compete clauses enforceable in Wisconsin delivery driver contracts?

    A: Yes, but Wisconsin courts scrutinize non-compete clauses and only enforce those that are reasonable in scope and duration.

  • Q: What wage protections exist for delivery drivers in Wisconsin?

    A: Wisconsin law requires prompt payment of wages, compliance with minimum wage, and accurate recordkeeping for all delivery drivers.

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Wisconsin Delivery Driver Employment Contract

This Wisconsin Delivery Driver Employment Contract (the "Agreement") is made and entered into as of [Date], by and between:

  • [Company Name], a company organized and existing under the laws of Wisconsin, with its principal place of business at [Company Address] ("Employer"), and
  • [Employee Name], residing at [Employee Address] ("Employee").

1. Position:

  • Option A: Full-Time Delivery Driver
  • Option B: Part-Time Delivery Driver

2. Job Duties: The Employee's primary responsibility is to safely and efficiently pick up, transport, and deliver goods within designated service areas in Wisconsin, including but not limited to:

  • Safe and timely pickup, transport, and delivery of goods.
  • Compliance with delivery schedules.
  • Pre- and post-trip vehicle safety checks.
  • Accurate loading and unloading of cargo.
  • Use of electronic delivery logs or route tracking systems.
  • Obtaining required recipient signatures.
  • Handling and documenting damaged or missing goods.
  • Maintaining professional appearance and customer service standards.
  • Safe handling of specific cargo types, adhering to company and Wisconsin regulations.

3. Work Location and Route:

  • Option A: Primary work location: [City, Wisconsin]. Route coverage areas: [List of Wisconsin Cities/Counties].
  • Option B: Reporting location: [Address]. Expectation for on-site reporting: [Number] days per week. Dispatch center reporting: [Number] days per week.
  • Option C: Deliveries will be:
    • Intra-state (within Wisconsin).
    • Inter-state (including deliveries outside Wisconsin).

4. Employment Type and Work Hours:

  • Full-time employment with regular expected work hours of [Number] hours per week.
  • Daily/weekly hour ranges: [Start Time] to [End Time].
  • On-call requirements: [Specify on-call expectations, if any].
  • Meal and rest breaks will be provided in accordance with Wisconsin labor law (Wis. Admin. Code DWD 274.02).
  • Overtime will be calculated in accordance with Wisconsin statutes and FLSA (at least 1.5x regular rate for work over 40 hours per week).
  • Policies for inclement weather or hazardous road conditions: [Describe policies, e.g., delayed starts, route cancellations].

5. Driver's License, Record, and Insurance:

  • Minimum driver’s license type required: [Wisconsin Class D, CDL, etc.].
  • Requirement for a clean driving record as defined by [Company Policy Document Name].
  • Requirement to maintain valid state-required vehicle insurance for commercial use, if using personal vehicle.
  • Background and motor vehicle record (MVR) checks will be conducted:
    • Randomly.
    • Scheduled.

6. Onboarding and Training:

  • Completion of Wisconsin DOT-compliant defensive driving and safety training.
  • Proper handling of hazardous/dangerous goods training, if applicable.
  • Adherence to company-specific delivery procedures as outlined in [Training Manual Name].

7. Compensation:

  • Base hourly wage/salary: [Dollar Amount] per [Hour/Pay Period].
  • Pay frequency: [Weekly, Bi-weekly, etc.] in line with Wisconsin Payment of Wages Law Wis. Stat. § 109.03.
  • Overtime pay formula: 1.5x regular rate for hours worked over 40 per week.
  • Eligibility for delivery-based bonuses:
    • Per-stop bonus: [Dollar Amount].
    • Mileage bonus: [Dollar Amount] per mile.
    • Safe-driving bonus: [Dollar Amount] based on [Criteria].
    • Customer satisfaction bonus: [Dollar Amount] based on [Criteria].
  • Applicable travel or per diem allowances: [Specify amount and criteria].

8. Benefits:

  • Health insurance: [Specify details].
  • Dental insurance: [Specify details].
  • Vision insurance: [Specify details].
  • Retirement plans: [Specify details, including employer matching policies].
  • Paid time off: [Number] days per year.
  • Sick leave and family leave in compliance with Wisconsin Family and Medical Leave Act.
  • Holiday pay for Wisconsin-recognized holidays: [List of holidays].
  • Fuel, vehicle maintenance, or uniform allowances: [Specify details].
  • Work-related injury protection via Wisconsin Workers’ Compensation coverage (Wis. Stat. Ch. 102). Claims can be filed with [Contact Information].

9. Company Vehicle Use:

  • Condition and maintenance expectations: [Describe expectations].
  • Fuel card or reimbursement policy: [Describe policy].
  • Restriction on personal use of vehicles: [Specify restrictions].
  • Rules for safe parking and garaging: [Describe rules].
  • Responsibility for moving violations: Employee is responsible for any moving violations.
  • Regular vehicle maintenance and reporting obligations: [Describe obligations].

10. Compliance with Transportation Regulations:

  • Strict compliance with all local, state, and federal transportation regulations, including WisDOT and FMCSA rules (if applicable).
  • Adherence to hours of service limits for commercial drivers (if applicable).

11. Reporting Violations and Accidents:

  • Employee's obligation to immediately report any moving violations, accidents, license suspensions, or other disqualifying events.
  • Mandatory drug/alcohol post-accident and reasonable suspicion screening in accordance with federal (if commercial driver) and Wisconsin Department of Transportation requirements.

12. Reporting Structure:

  • Designated supervisor/dispatcher contact: [Name and Contact Information].
  • Communication protocols in case of delivery issues: [Describe protocols].
  • Expectations for responsiveness during shifts: [Describe expectations].

13. Standards of Conduct:

  • Adherence to zero-tolerance drug and alcohol policy compliant with Wisconsin law and DOT guidance.
  • Safeguarding of company property and confidential information.
  • Prohibition on unauthorized passengers or non-work-related stops.
  • Adherence to anti-harassment, anti-discrimination, and workplace violence prevention policies in line with Wisconsin Equal Rights Division (ERD) requirements.

14. Intellectual Property, Data Protection, and Confidentiality:

  • Protection of proprietary route data, customer lists, and delivery software usage.
  • Prohibition of personal use of such data or devices without company consent.

15. Occupational Safety:

  • Mandatory use of seat belts.
  • Compliance with OSHA and Wis. Stat. Ch. 101 occupational health requirements.
  • Provision and employee use of required PPE (high-visibility clothing, gloves, etc.).
  • Reporting of workplace injuries or unsafe conditions.
  • Back injury prevention protocols (safe lifting policies).

16. Route Assignment:

  • Route assignment and changes are at the discretion of the Employer.
  • Policies for temporary reassignment in emergencies or operational needs: [Describe policies].

17. Termination and Resignation:

  • Procedures for voluntary employee resignation: [Describe procedures].
  • Procedures for employer-initiated termination, with compliance with Wisconsin law.
    • Final pay deadline: [Specify deadline].
    • Notification of COBRA or state continuation of health benefits.
    • Return of company property (vehicle, devices, uniforms, fuel cards).
    • Mandatory exit review of any open traffic or safety violations.

18. Discipline:

  • Process for progressive discipline in case of infractions or unprofessional conduct, aligned with company policy and Wisconsin's “at-will” employment doctrine.
  • Exceptions for whistleblower or anti-retaliation cases as mandated by state and federal statutes.

19. Non-Compete:

  • There is generally no enforceable non-compete for route, delivery, or driving jobs under Wisconsin’s Section 103.465.
  • Confidentiality and non-solicitation agreements may apply regarding sensitive client or route data.

20. Dispute Resolution:

  • Wisconsin-based mediation or arbitration prior to litigation.
  • Governing law: Wisconsin.
  • Venue: Employee’s main work county.

21. Mandatory Reporting:

  • Acknowledgement of mandatory reporting of possible human trafficking or hazardous materials.

22. Wisconsin Protections:

  • All employment practices are subject to Wisconsin’s anti-retaliation, wage theft, and whistleblower protections.

23. Union Membership:

  • Option A: This is a non-union position.
  • Option B: This position may be subject to collective bargaining agreement with [Union Name]. Grievance and collective bargaining rights are defined in the agreement with [Union Name].

24. Required Notices:

  • Employee acknowledges receipt of all required notices per Wisconsin law (wage rate notice, worker's compensation posters, anti-harassment policies).
  • Employee acknowledges receipt of all required handbooks and safety procedure manuals.

25. Adjustments:

  • All elements of this agreement are adjustable to the specific operational structure and Employer’s internal policies, but may not reduce or waive mandatory protections under Wisconsin law.

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]

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