Arkansas restaurant server employment contract template

Arkansas Restaurant Server Employment Contract

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

[Restaurant Legal Name], a [State of Incorporation] corporation, with its principal place of business at [Restaurant Address], Arkansas (the "Employer"), and whose registered agent is [Registered Agent Name] at [Registered Agent Address];

and

[Employee Full Legal Name], residing at [Employee Address], with contact number [Employee Phone Number] and email address [Employee Email Address] (the "Employee").

1. Position

The Employer hires the Employee as a Restaurant Server.

The Employee accepts the position and agrees to perform the following duties and responsibilities within the Employer’s Arkansas restaurant:

• Greeting and seating guests.
• Explaining the menu and daily specials.
• Taking food and beverage orders.
• Entering orders accurately into the POS system.
• Serving food and beverages promptly and courteously.
• Handling modifications to orders due to allergies or dietary restrictions.
• Monitoring guest satisfaction and addressing any concerns.
• Clearing tables efficiently.
• Preparing the dining area for service.
• Processing guest payments accurately, including tips.
• Complying with all Arkansas Alcoholic Beverage Control (ABC) regulations, including age verification.
• Assisting with opening and closing tasks.
• Adhering to the Employer's brand-specific service standards.

Option A: Required Qualifications:

• Minimum age of [Age].
• Valid Arkansas Food Handler Card.
• Arkansas Alcohol Server Permit (if required by law/Employer).
• [Number] years of prior serving experience preferred.
• Ability to stand for extended periods and lift trays weighing up to [Weight] pounds.

Option B: Reporting Structure:

• The Employee will report directly to the [Shift Leader/Restaurant Manager Name].
• The Employee is expected to collaborate effectively with all team members.

2. Work Location and Scheduling

The Employee's primary work location will be at [Restaurant Name], located at [Restaurant Address], Arkansas.

Option A: The Employer will assign shifts, considering business needs and Employee availability to the extent possible.

Option B: The Employee is expected to be available to work flexible hours, including weekends, evenings, and holidays.

Option C: Meal and rest breaks will be provided in accordance with Arkansas law. The employee will receive [Number] minute(s) paid break for every [Number] hour(s) worked.

3. Employment Type and Hours

The Employee's employment is Full-Time.

The Employee is expected to work a minimum of [Number] hours per week.

Option A: Overtime 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, as required by the Fair Labor Standards Act (FLSA) and Arkansas law.

Option B: The Employee must submit requests for time off, shift swaps, or absences to [Designated Manager] at least [Number] days in advance.

4. Compensation

The Employee's base hourly wage is [Dollar Amount], which reflects Arkansas' tipped employee minimum wage and allows for tip credits in accordance with Arkansas law.

Option A: The Employee is required to report all tips received to the Employer accurately and completely.

Option B: The Employer utilizes a tip pool. The tip pool distribution policy is outlined in Appendix A.

Overtime will be calculated at 1.5 times the regular rate of pay for all hours worked over 40 in a workweek.

The Employee will be paid [Frequency - e.g., bi-weekly].

Option C: Payment will be made via [Direct Deposit/Check].

5. Additional Compensation & Benefits

Option A: The Employee is eligible for the following additional compensation:

• Incentive pay based on [Criteria].
• Bonuses based on restaurant performance.

Option B: The Employee is eligible for the following benefits:

• Health insurance [Eligibility details].
• Retirement plan [Eligibility details].
• [Number] days of paid vacation per year.
• Leave for jury duty and bereavement in accordance with Arkansas law.
• Meal discounts of [Percentage]%.
• Uniform stipend of [Dollar Amount].
• Paid training for required certifications.

6. Uniform and Grooming Standards

The Employee is required to adhere to the Employer's uniform and grooming standards, as outlined in Appendix B.

These standards comply with Arkansas Department of Health food safety regulations.

7. Anti-Discrimination and Harassment

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, national origin, sex, disability, age, genetic information, or any other characteristic protected by Arkansas or federal law.

The Employee is expected to treat all guests and coworkers with respect.

8. At-Will Employment and Termination

The Employee's employment is "at will," meaning that either party may terminate the employment relationship at any time, with or without cause, subject to the provisions below.

Option A: Grounds for termination by the Employer include, but are not limited to:

• Voluntary resignation by the Employee.
• Employer-initiated dismissal due to performance issues.
• Gross misconduct.
• Violation of restaurant policies.
• Failure to comply with Arkansas health, safety, or alcohol service laws.

Option B: If termination is initiated by the employee, the Employee is requested to provide [Number] days written notice.

Final paycheck will be issued on or before the next scheduled payday, as required by Arkansas law.

Lawful deductions for uniforms, cash shortages, or breakage will be made in accordance with Arkansas law, ensuring that deductions do not reduce pay below minimum wage.

9. Confidentiality

The Employee agrees to maintain the confidentiality of customer payment data, customer information, restaurant recipes, and business practices.

The Employee is prohibited from disclosing unauthorized customer credit card data or breaching customer privacy, in accordance with PCI DSS and Arkansas data security law.

10. Outside Employment and Conflicts of Interest

The Employee shall not engage in outside employment or activities that create a conflict of interest with the Employer.

Specifically, the employee is prohibited from working in a competing Arkansas restaurant without the express written consent of the employer.

11. Food Safety and Sanitation

The Employee must comply with all Arkansas Department of Health food safety, sanitation, and safe food handling procedures.

This includes illness reporting, handwashing, and safe alcohol service practices.

12. Training

The Employee is required to attend all mandatory training sessions, including food safety, sexual harassment prevention, and responsible alcohol service (if applicable).

13. Workplace Safety

The Employee must adhere to all workplace safety procedures and report any on-the-job injuries to [Designated Manager] immediately.

The Employer complies with Arkansas Workers' Compensation law.

14. Dispute Resolution

The Employee will address the handling and resolution of guest disputes, cash discrepancies, or tips in compliance with restaurant and Arkansas regulations.

15. Return of Property

Upon termination of employment, the Employee must return all uniforms, keys, and any other Employer property immediately.

16. Amendments

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

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas.

Any legal disputes shall be resolved in the appropriate court in [County Name] County, Arkansas.

18. Dispute Resolution

Any dispute arising under this Agreement will be settled in [City, County, State] through [Method; e.g. binding arbitration]

19. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

20. Assignment

This Agreement may not be assigned by the Employee without the Employer's prior written consent.

21. Severability

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

22. Local Ordinances

This Agreement is subject to all applicable Arkansas state, county, and municipal legal requirements, including any relevant local city or county ordinances.

The parties have executed this Agreement as of the date first written above.

[Restaurant Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

[Employee Signature]

Date: [Date]

Appendix A: Tip Pool Distribution Policy

Appendix B: Uniform and Grooming Standards