Arizona restaurant server employment contract template

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How Arizona restaurant server employment contract Differ from Other States

  1. Arizona allows a lower tipped minimum wage than some states, so compensation terms must clearly address tip credits and compliance.

  2. Unlike some states, Arizona does not require paid sick leave accrual rates above state minimums, so contract leave policies can reflect local law.

  3. Arizona’s right-to-work laws prohibit mandatory union membership, so employment terms should reference this statutory protection.

Frequently Asked Questions (FAQ)

  • Q: Does Arizona require providing paid meal breaks for restaurant servers?

    A: No. Arizona law does not mandate paid meal or rest breaks for adults, but employers may provide them by policy.

  • Q: Can Arizona restaurant servers be paid a tipped minimum wage?

    A: Yes. Employers may pay a cash wage below standard minimum wage if tip credits meet legal state and federal requirements.

  • Q: Are non-compete clauses enforceable in Arizona restaurant server contracts?

    A: Generally, non-compete clauses are enforceable if they are reasonable in scope, duration, and geographical area.

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Arizona Restaurant Server Employment Contract

This Arizona Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Restaurant Name], a [State of Incorporation] corporation with its principal place of business at [Restaurant Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Employment

The Employer hereby employs the Employee as a Restaurant Server, and the Employee hereby accepts such employment, subject to the terms and conditions hereinafter set forth.

2. Job Duties

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

  • Greeting guests and presenting menus.
  • Taking food and beverage orders accurately.
  • Relaying orders to kitchen and bar staff promptly.
  • Serving food and drinks to guests efficiently.
  • Clearing tables and maintaining a clean dining area.
  • Handling guest payments accurately and securely.
  • Performing opening and closing side work as assigned.
  • Ensuring guest satisfaction and resolving complaints professionally.
  • Maintaining cleanliness and adhering to food safety standards as required by the Arizona Department of Health Services (ADHS).
  • Reporting any issues or concerns to the manager on duty.

3. Work Attire and Appearance

Option A: The Employee shall wear the uniform provided by the Employer, which consists of [Description of Uniform].

Option B: The Employee shall wear business casual attire that adheres to the Employer's dress code policy, as outlined in the employee handbook.

The Employee is responsible for maintaining a clean and professional appearance at all times, in accordance with ADHS guidelines.

4. Reporting Structure and Teamwork

The Employee will report directly to [Manager's Name/Title].

The Employee is expected to collaborate effectively with kitchen and bar staff to ensure smooth service.

5. Work Location

The primary work location is [Restaurant Address].

The Employer reserves the right to reassign the Employee to other local branches of the restaurant as needed.

6. Employment Type and Work Schedule

The employment is full-time.

The standard work week is [Number] hours.

The anticipated work schedule is [Example Schedule: Tuesday-Saturday, 5:00 PM - 10:00 PM].

Option A: Shift trades are permitted with the approval of the manager on duty.

Option B: Shift coverage is the responsibility of the employee.

Overtime: Overtime will be paid at a rate of 1.5 times the Employee's regular hourly rate for all hours worked over 40 in a workweek, in accordance with Arizona wage laws.

Meal and Rest Breaks: The Employee is entitled to meal and rest breaks as required by Arizona law and/or Employer policy.

7. Compensation

Hourly Wage: The Employee's hourly wage is [Dollar Amount].

Arizona Minimum Wage Compliance: The hourly wage meets or exceeds the Arizona minimum wage.

Tip Credit: The Employer may take a tip credit in accordance with Arizona Revised Statutes. The Employer guarantees that the Employee's combined cash wage and tips will always meet or exceed the Arizona minimum wage. If not, the employer will make up the difference.

Tip Handling:

  • Option A: Tips are the sole property of the Employee.
  • Option B: Tips are subject to a tip pooling arrangement as described in the employee handbook.
  • Credit Card Processing Fees: Credit card processing fees will be deducted from credit card tips before distribution.
  • Tip Distribution: Tips will be distributed [Frequency, e.g., daily, weekly].

Overtime Pay: Overtime will be paid at 1.5 times the regular hourly rate for hours worked over 40 in a workweek.

Pay Period: The pay period is [Bi-weekly/Semi-monthly].

Payment Method: The Employee will be paid via [Direct Deposit/Paycard].

Bonuses:

  • Option A: The employee is eligible for performance-based bonuses as outlined in the employee handbook.
  • Option B: No bonuses are offered.

8. Benefits

Health Insurance:

  • Option A: The Employee is eligible to participate in the Employer's health insurance plan after [Number] days of employment, subject to plan eligibility requirements.
  • Option B: No health insurance is offered.

Dental/Vision Insurance:

  • Option A: The Employee is eligible to participate in the Employer's dental/vision insurance plan after [Number] days of employment, subject to plan eligibility requirements.
  • Option B: No dental/vision insurance is offered.

Paid Time Off (PTO): The Employee will accrue PTO in accordance with the Arizona Fair Wages and Healthy Families Act and the Employer's PTO policy, as outlined in the employee handbook.

Meal and Break Policies: The Employee is entitled to meal and rest breaks as required by Arizona law and/or Employer policy.

Uniform Allowance:

  • Option A: The Employer provides a uniform allowance of [Dollar Amount] per [Time Period].
  • Option B: The Employer provides uniforms free of charge.
  • Option C: No uniform allowance is offered.

Employee Meal Discounts: The Employee is entitled to a [Percentage]% discount on meals purchased at the restaurant.

9. Timekeeping

The Employee is required to accurately record their hours worked by using the Employer's timekeeping system.

The Employee must accurately punch in and punch out for each shift and meal break.

Any discrepancies in timekeeping must be reported to the manager immediately.

10. Worker's Compensation

The Employer maintains worker's compensation insurance as required by Arizona law. The Employee is covered by this insurance for injuries sustained during the course of employment.

11. Workplace Safety

The Employer is committed to providing a safe working environment and complies with Arizona Occupational Safety and Health (ADOSH) regulations.

The Employee is required to obtain a food handler certification within [Number] days of employment, if required by ADHS.

The Employee must report any incidents or injuries to the manager immediately.

12. Behavioral Policies

The Employee is expected to provide excellent guest service.

The Employee must treat all guests and coworkers with respect and courtesy.

The Employer has a zero-tolerance policy for harassment, discrimination, substance abuse, theft, or improper handling of tips/money.

The Employee must comply with all applicable Arizona civil rights laws.

The Employee must comply with Arizona liquor laws regarding the responsible service of alcohol.

13. Confidentiality

The Employee agrees to maintain the confidentiality of all business information, including recipes, guest lists, and company financial data.

14. Outside Employment

Option A: The Employee is required to disclose any outside employment that may create a conflict of interest with their employment at the restaurant.

Option B: The Employee is permitted to have outside employment, subject to scheduling constraints.

15. Complaint Resolution, Emergencies, and Health/Safety Incidents

The Employee must follow the Employer's procedures for resolving guest complaints, handling emergencies, and managing health or safety incidents.

16. Termination

Voluntary Resignation: The Employee must provide [Number] weeks' written notice of resignation.

Employer-Initiated Dismissal: The Employer may terminate the Employee's employment at any time, with or without cause. The Employer adheres to Arizona’s final wage rule requiring payment within a specified period after employment ends.

Return of Company Property: Upon termination of employment, the Employee must return all company property, including uniforms, keys, and badges.

17. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through internal grievance reporting, followed by mediation, and, if applicable, arbitration in accordance with Arizona law.

Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. The venue for any litigation shall be in the courts located in [County Name] County, Arizona.

18. At-Will Employment

The Employee's employment 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, subject to applicable laws. This at-will status can only be modified in writing and signed by an authorized representative of the Employer.

19. Legal Notices

The Employee is eligible for unemployment insurance benefits in accordance with Arizona law.

The Employer complies with the Fair Labor Standards Act and Arizona minimum wage laws.

The Employee is entitled to all rights and protections afforded under state and federal law.

20. Training

The Employee will receive on-the-job training, as well as training on new menu rollouts, safety practices, and sexual harassment prevention.

The Employee is required to complete training on responsible alcohol service, as required by Arizona law.

21. Modifications

The Employer reserves the right to modify this Agreement and/or its policies at any time, with or without notice.

____________________________

[Employer Name]

By: ____________________________

[Employer Representative Name], [Title]

____________________________

[Employee Name]

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