Alabama restaurant server employment contract template

Alabama Restaurant Server Employment Contract

This Alabama Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of this [Date], by and between:

[Restaurant Name], a [State] [Business Type, e.g., LLC], with its principal place of business at [Restaurant Address], hereinafter referred to as "Employer,"

and

[Employee Full Legal Name], residing at [Employee Address], with contact information at [Employee Phone Number] and [Employee Email Address], hereinafter referred to as "Employee."

1. Job Title and Description

The Employee is hired as a "Restaurant Server."

The Employee’s duties include, but are not limited to:

Greeting and seating guests.

Presenting menus and explaining restaurant specials and menu items.

Taking and relaying customer orders accurately.

Serving food and beverages promptly and courteously.

Checking guest identification to verify age for alcoholic beverage service per Alabama ABC Board rules.

Processing payments (cash, card, split bills).

Setting and clearing tables efficiently.

Refilling drinks and attending to guest needs.

Maintaining cleanliness and hygiene standards in the dining area.

Handling customer complaints professionally and escalating issues as needed.

Following up on guest satisfaction and addressing any concerns.

Complying with restaurant-specific procedures and policies.

Supporting team members and assisting with other tasks as required.

Alabama-Specific Serving Responsibilities:

Ensuring compliance with all Alabama Department of Public Health food safety mandates, including required hand-washing, glove use, and sanitation protocols.

Checking responsible vendor program certification requirements if serving alcohol, if applicable.

Option A: Employee is required to obtain and maintain a valid [Specific Alabama Food Handler Certification].

Option B: Employer will provide and pay for necessary training and certification.

2. Work Location and Environment

The Employee's primary work location is at [Restaurant Address] in [City, Alabama].

The Employee is expected to perform all duties on-site and in the front-of-house.

Uniform/Dress Code Policy:

Option A: Employee is required to wear [Specific Uniform Description].

Option B: Employee is required to wear business casual attire, adhering to the following guidelines: [Detailed Guidelines].

Personal Appearance and Hygiene Standards: [Detailed Standards]

Employer-Provided Uniform/Equipment: [List of Items, e.g., Aprons, POS Device]

3. Employment Type and Hours

The Employee is hired as a full-time employee.

Standard Weekly Hours: [Number, e.g., 35-40] hours per week.

Shift Schedule:

Option A: Assigned shifts: [Description, e.g., Primarily evening shifts].

Option B: Rotating schedule: [Description, e.g., Morning, lunch, and dinner service].

Shift Changes: The Employer reserves the right to modify the Employee's schedule based on business needs.

Meal and Rest Breaks: Alabama law does not mandate breaks for employees 16 years of age or older. However, company policy regarding paid or unpaid breaks is as follows: [Description of Policy].

Overtime Eligibility: Employee is [Exempt/Non-Exempt] from overtime pay per the federal FLSA. Overtime, if applicable, will be paid at a rate of 1.5 times the Employee's regular rate of pay for all hours worked over 40 in a workweek.

4. Compensation and Tips

Base Hourly Wage: [Dollar Amount] per hour.

Tipped Employee Status:

Option A: Employee is a "tipped employee" as defined by the FLSA, and their hourly wage is at least $2.13 per hour, with the understanding that tips received will bring their total compensation to at least the federal minimum wage.

Option B: Employee's hourly wage is above the federal minimum wage, and tips are in addition to this wage.

Tip Handling:

Option A: Tips are directly retained by the Employee.

Option B: Tips are subject to a tip-pooling arrangement as described below.

Option C: Tips are subject to a tip-out arrangement as described below.

Tip Pooling/Sharing Policy: [Detailed Description of Tip Pooling/Sharing Arrangements, e.g., Percentage to Bartenders, etc.]

Tip Tracking and Distribution: [Description of How Tips are Tracked and Distributed].

Tip Reporting: Employee is responsible for accurately reporting all daily tips as required by federal and state tax laws.

Pay Cycle: Employee will be paid [Frequency, e.g., Bi-weekly], on [Day of the Week], via [Payment Method, e.g., Direct Deposit].

Deductions from Pay: Deductions from pay will only be made as permitted by Alabama and federal law. No deductions will cause the Employee's compensation to fall below minimum wage.

5. Benefits

Benefits: While Alabama law does not require specific benefits, Employer offers the following benefits to eligible employees: [List of Benefits, e.g., Health Insurance, Paid Time Off].

Eligibility, Accrual, and Use of Paid Leave: [Detailed Description of Eligibility, Accrual, and Use Policies].

Scheduling Requests and Shift Swaps: [Description of Policies].

Holiday Pay: Alabama law does not mandate holiday pay. The Employer's policy regarding holiday pay is as follows: [Description of Policy].

6. Chain of Command and Reporting Procedures

Immediate Supervisor: [Job Title, e.g., Shift Manager].

Reporting Procedures: Employee should report any work-related issues, including harassment or discrimination, to [Contact Person and/or Department].

Standards for Interpersonal Interactions: Employee is expected to interact with guests and coworkers in a professional, courteous, and respectful manner.

Policies for Handling Tips, Cash, and Payment Discrepancies: [Detailed Description of Policies].

7. At-Will Employment and Termination

At-Will Employment: This is an at-will employment agreement. This means that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws.

Resignation: Employee is requested to provide [Number] days' written notice of resignation.

Termination: Employer may terminate employment for cause, including but not limited to theft, substance abuse, or repeated violations of company policy.

Final Paycheck: Employee will receive their final paycheck on or before the next regular payday following termination.

Return of Property: Upon termination, the Employee must immediately return all uniforms, company property, and access codes.

8. Employee Conduct and Discipline

Adherence to Food Safety and Sanitation Regulations: Employee must adhere to all food safety and sanitation regulations, including Alabama Department of Public Health requirements.

Alcohol Service Rules: Employee must check valid photo ID for all patrons appearing underage and comply with the Alabama Responsible Vendor Program, if applicable.

Anti-Drug and Alcohol Policies: [Description of Policy, Including Drug-Free Workplace Notification].

Punctuality and Attendance: Employee is expected to be punctual and maintain consistent attendance.

Absence Call-In Requirements: Employee must notify [Contact Person] at least [Number] hours prior to their scheduled shift if they are unable to work.

Mobile Phone Use: Mobile phone use is restricted during shifts to [Permitted Usage].

Customer Service Standards: Employee is expected to provide excellent customer service and maintain a positive attitude.

9. Workplace Injury/Illness Reporting

Employee must immediately report any workplace injury or illness to [Contact Person], in accordance with the Alabama Workers’ Compensation Act.

Modified Duty: [Description of Policy Regarding Modified Duty During Recovery]

10. Anti-Harassment and Anti-Discrimination Policy

The Employer is committed to providing a workplace free of harassment and discrimination.

Employee is required to adhere to the Employer’s anti-harassment and anti-discrimination policies.

Employee must report any incidents of discrimination, sexual harassment, or retaliation to [Contact Person or Department].

11. Confidentiality

Employee agrees to maintain the confidentiality of proprietary information, including business practices, recipes, customer data, and POS system access codes.

Option A: Employee agrees to a non-compete agreement following termination, as described in Attachment A.

Option B: This agreement does not include a non-compete agreement.

12. Modification of Policies

The Employer reserves the right to modify scheduling, duties, and policies based on business needs or legal changes.

The Employer will provide reasonable notice of any such changes.

Employee is encouraged to provide feedback or express grievances through the established company channels.

13. Dispute Resolution

Any disputes arising under this Agreement shall first be addressed through good-faith negotiation or workplace mediation.

If a resolution cannot be reached, any legal disputes shall be resolved in the state or federal courts located in [County, Alabama], and Alabama law shall govern this Agreement, except as superseded by federal law.

14. Mandatory Training

Employee must comply with all mandatory training required by the Employer or by law, including [List of Training, e.g., Food Handler Permit, Alcohol Service Training].

Option A: Employer will pay for the cost of training.

Option B: Employee is responsible for the cost of training and recertification.

15. Employment Eligibility Verification

The Employer complies with Alabama's E-Verify program for employment eligibility verification.

Employee agrees to complete all required documentation for I-9 verification.

Option A: Employee consents to a background check.

Option B: Employee will provide references upon request.

16. Entire Agreement

This Agreement, together with any referenced policy manuals, constitutes the entire agreement between the parties and supersedes all prior verbal or written understandings.

This Agreement may be amended only in writing signed by both parties.

If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.

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

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Restaurant Name]

____________________________

[Employee Full Legal Name]

Restaurant Server