Alaska restaurant server employment contract template
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How Alaska restaurant server employment contract Differ from Other States
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Alaska prohibits tip credits, requiring employers to pay at least the full state minimum wage to restaurant servers regardless of tips.
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Overtime regulations in Alaska mandate overtime pay for hours worked over 8 per day or 40 per week, which differs from many states.
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Alaska’s wage payment laws require terminated employees to be paid within three working days, faster than most states.
Frequently Asked Questions (FAQ)
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Q: Does Alaska allow tip credits for restaurant servers?
A: No, Alaska law requires restaurant servers to be paid at least the full minimum wage, regardless of tips earned.
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Q: What are the overtime rules for Alaska restaurant servers?
A: Alaska requires overtime pay for hours exceeding 8 in a day or 40 in a week, with few exemptions for restaurant servers.
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Q: When must a terminated server be paid in Alaska?
A: If terminated, servers must be paid within three working days after separation under Alaska state law.
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Alaska Restaurant Server Employment Agreement
This Restaurant Server Employment Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Employer Full Legal Name], a company located at [Employer Physical Address], with contact information [Employer Phone Number] and [Employer Email Address] (the “Employer”), and [Employee Full Legal Name], residing at [Employee Address], with contact information [Employee Phone Number] and [Employee Email Address] (the “Employee”). Employee's Alaska-specific identification (if required): [Identification Number].
1. Position
- The Employer hereby employs the Employee as a Restaurant Server, and the Employee hereby accepts such employment.
- This is a full-time position.
2. Job Duties
- The Employee's primary duties will include, but are not limited to:
- Greeting guests and providing excellent customer service.
- Presenting menus and providing detailed knowledge of menu items, including Alaska-sourced seafood, local specialties, and alcoholic beverages.
- Taking orders accurately, including using electronic POS systems or paper order procedures.
- Delivering meals and beverages promptly and efficiently.
- Responding to customer requests and resolving complaints in a professional manner.
- Clearing tables and maintaining a clean and organized dining area.
- Restocking supplies and assisting with side work as needed.
- Supporting back-of-house staff as directed.
- Adhering to Alaska-specific food safety and handling protocols.
- Effectively managing customers during seasonal peaks and periods of high business volume.
3. Work Location
- The Employee's primary work location will be at [Restaurant Physical Address in Alaska].
- Option A: The Employee may be required to work at other locations as needed, including [Contingency Sites or Temporary Assignments].
- Option B: The Employee may be required to work at outdoor venues or during shifts that may be affected by extreme weather conditions typical of Alaska.
4. Employment Type and Schedule
- This is a full-time position.
- The Employee's regular work schedule will be approximately [Number] hours per week.
- Schedules will be posted [Number] days in advance.
- Option A: The Employer reserves the right to adjust the Employee's schedule based on business needs, including seasonal fluctuations.
- Option B: Overtime will be paid at one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over eight (8) in a workday or forty (40) in a workweek, in accordance with Alaska law.
- Meal and rest breaks will be provided in accordance with Alaska wage and hour law.
- A [Length of Time] minute meal break will be provided for shifts exceeding [Number] hours.
- A [Length of Time] minute rest break will be provided every [Number] hours.
5. Compensation
- The Employee's hourly wage will be [Dollar Amount].
- Alaska law requires payment of at least the state minimum wage prior to tips.
- Option A: The Employee will be paid [Payment Frequency, e.g., weekly or bi-weekly] via [Direct Deposit/Check].
- Option B: Tips are the sole property of the employee.
- The employer does not participate in tip pooling.
- If Tip Pooling is Required:
- Tip pooling is required and will be distributed according to the following method: [Detailed Tip Pooling Procedure].
- The employer will not deduct from Employee's tips except as mandated by state and federal law.
- Management personnel are prohibited from participating in the tip pool.
- Option C: The Employee may be eligible for performance-based bonuses or incentives as determined by the Employer.
- Examples: [Examples of Bonuses/Incentives, e.g., Meal Discounts, End-of-Season Bonus].
6. Benefits
- Option A: The Employee may be eligible for health, dental, and vision insurance benefits after [Number] days of employment, subject to the Employer's policies.
- Option B: The Employee will accrue paid vacation leave at a rate of [Number] hours per [Frequency, e.g., pay period].
- Option C: The Employee will accrue paid sick leave at a rate of [Number] hours per [Frequency, e.g., pay period].
- Unpaid leave may be available in accordance with Employer policy and applicable law.
- Alaska state holidays will be observed according to Employer policy. [Specify Policy].
- Option D: A retirement plan is [Available/Not Available]. If available, details are [Details of Retirement Plan].
- The Employee is covered by worker's compensation insurance as required by Alaska law.
- Option E: The Employee may be eligible for an Employee Assistance Program (EAP). Details: [Details of EAP].
- Option F: The Employee will receive a [Meal Allowance/Uniform Allowance] of [Dollar Amount] per [Frequency].
- If uniforms are provided, they will be maintained in accordance with minimum wage regulations regarding deductions.
7. Job-Specific Qualifications
- The Employee is required to have a valid Alaska Alcoholic Beverage Control (ABC) server training certification if serving alcohol.
- The Employee is required to have a ServeSafe certification (or equivalent) for food safety, if required by law or Employer policy.
- Option A: The Employee is required to obtain a food handler permit as required by local municipality [Specify Municipality].
- The Employee must be at least the minimum age required by Alaska state liquor laws to serve alcohol.
- The Employee is required to complete training on local health codes and allergen disclosure.
8. Occupational Health and Safety
- The Employee is required to participate in mandatory food safety and safe alcohol service training.
- The Employee is expected to comply with Alaska Occupational Safety and Health (AKOSH) regulations.
- The Employee is expected to take precautions to prevent slips, trips, and falls, especially in icy or hazardous conditions.
- The Employee is required to report any workplace injuries to the Employer immediately, in accordance with Alaska law.
- The Employer will provide required protective gear, such as anti-slip shoes and weather gear for outdoor serving. [Specify provided gear].
9. Behavioral Standards and Performance Expectations
- The Employee is expected to provide professional and friendly customer service.
- The Employee is expected to maintain attention to detail and ensure order accuracy.
- The Employee is expected to be punctual and maintain good attendance.
- The Employee must notify the Employer of absences as early as possible.
- The Employee must follow call-out procedures during inclement weather or transportation shutdowns.
- The Employee is required to adhere to the Employer's dress code/uniform policy. [Specify Details, including rules regarding deductions or employer responsibility].
10. Confidentiality and Data Privacy
- The Employee is required to protect customer information and maintain the confidentiality of sensitive business practices, including recipes and pricing.
- The Employee is required to respect guest privacy.
11. Anti-Harassment, Anti-Discrimination, and Equal Employment Opportunity
- The Employer is committed to providing a harassment-free and inclusive workplace in compliance with Alaska and federal law.
- The Employer prohibits discrimination based on race, gender, sexual orientation, religion, age, disability, veteran status, Alaska Native status, or any other protected characteristic.
- The Employee is required to report any incidents of harassment or discrimination to the Employer immediately.
- The Employer prohibits retaliation against employees who report harassment or discrimination.
- The Employer adheres to Alaska statutory protections for whistleblowers.
12. Employment Status and Termination
- Option A: This is an at-will employment relationship, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
- Option B: The Employee may voluntarily resign by providing [Number] days written notice to the Employer.
- The Employer may terminate the Employee's employment for cause, including but not limited to violation of Employer policies, insubordination, or poor performance.
- In the event of termination, the Employee will be paid all wages owed within [Number] working days or by the next regular payday, whichever is sooner, in accordance with Alaska law.
- Upon termination, the Employee is required to return all Employer property, including uniforms, keys, and equipment.
13. Dispute Resolution
- The Employer and Employee agree to attempt to resolve any disputes internally through good-faith negotiation.
- Option A: If internal resolution is unsuccessful, the parties agree to attempt mediation before pursuing legal action.
- Option B: Any legal action arising out of this Agreement shall be brought in the state courts of Alaska, and the laws of Alaska shall govern the interpretation and enforcement of this Agreement.
- The Employee may pursue claims with the Alaska State Commission for Human Rights for discrimination claims.
14. Compliance and Acknowledgment
- The Employee acknowledges receipt of all required Alaska-specific labor law disclosures, including information regarding tip pool rules (if applicable) and wage and hour statements.
- The Employee acknowledges that state and federal workplace notices are displayed in the workplace.
- The Employee acknowledges the availability of any required reporting per Alaska regulations or industry code.
15. Optional Clauses
- Option A: Due to seasonal variations in Alaskan restaurant operations, the Employer may adjust Employee's schedule or hours as needed.
- Option B: The Employer has a policy regarding secondary or outside employment. [State Policy].
- Option C: The Employer may provide support for transportation in remote areas. [State Policy].
- Option D: The Employer has a policy regarding substance/alcohol use, including drug/alcohol testing as permitted by Alaska law. [State Policy].
By signing below, both parties acknowledge that they have read, understand, and agree to the terms and conditions of this Agreement.
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[Employer Representative Name], [Title]
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Date
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[Employee Full Legal Name]
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Date