California cook employment contract template

California Cook Employment Contract

This California Full-Time Cook Employment Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Employer Name], located at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Position and Job Duties

The Employer hires the Employee as a Cook (specify type, e.g., Line Cook, Prep Cook, Pastry Cook, etc.)

Option A: Employee will perform the following duties:

• Preparing food items according to standard recipes and portion control guidelines.
• Cooking food items using various cooking methods and equipment.
• Plating and presenting food items according to established standards.
• Maintaining a clean and organized workstation.
• Adhering to all food safety and sanitation guidelines as required by California law.
• Operating and maintaining kitchen equipment safely and efficiently.
• Receiving and storing food deliveries.
• Rotating food items to ensure freshness (FIFO).
• Following specific instruction and direction given by the Executive Chef or Kitchen Manager.
• Assisting with kitchen cleaning and maintenance as needed.
• Compliance with allergy and dietary requirements as specified.
• Participation in pre-service briefings.

Option B: Other duties as assigned by the Employer, which may change from time to time based on business needs.

Employee reports to [Supervisor, e.g., Executive Chef, Kitchen Manager].

Employee must possess and maintain a valid California Food Handler Card or ServSafe certification. Allergen training may also be required.

Employee must be able to stand for extended periods, lift up to [Weight] pounds, and operate kitchen equipment including knives and ovens.

Employee must wear the uniform and protective equipment provided by the Employer, in accordance with California law.

Employee must attend paid safety and skills training as required by California health codes.

2. Employment Status and Work Schedule

This is a full-time employment position as defined under California law.

Option A: The regular work schedule is [Number] days per week, [Days of the week], from [Start Time] to [End Time], totaling [Number] hours per week.

Option B: The regular work schedule will vary based on business needs, but Employee will be guaranteed a minimum of [Number] hours per week.

Employee is eligible for overtime pay in accordance with California law (daily and weekly overtime/double time standards).

3. Meal and Rest Breaks

Employee is entitled to meal and rest breaks as required by California law.

Option A: Employee will receive a [Number]-minute unpaid meal break after [Number] hours of work, and a [Number]-minute paid rest break for every [Number] hours of work.

Option B: Employees may waive their meal breaks when total hours work are less than 6, if agreed upon. Meal breaks will be administered consistent with California law.

All breaks must be taken off-the-clock.

4. Work Location

The primary work location is [Restaurant Name] located at [Restaurant Address] in California.

Option A: Employee may be required to work at other locations of the Employer within [City/County], California, as needed.

Option B: Employee will rotate between the following locations: [Location 1], [Location 2], and [Location 3].

Employee must follow all kitchen safety protocols and security procedures at each work location.

5. Compensation

Option A: The Employee will be paid an hourly wage of [Dollar Amount] per hour.

Option B: The Employee will be paid a salary of [Dollar Amount] per [Pay Period].

Employee will be paid [Pay Frequency, e.g., bi-weekly, semi-monthly].

Option A: Employee is eligible to participate in the tip pool, which is distributed according to California law.

Option B: Employee is not eligible to participate in the tip pool.

Overtime will be paid at a rate of one and one-half (1.5) times the regular rate of pay for all hours worked over eight (8) in a workday or forty (40) in a workweek, and double the regular rate of pay for all hours worked over twelve (12) in a workday or for any work performed on the seventh consecutive day of the workweek, in accordance with California law.

Payment will be made via [Cash/Check/Direct Deposit].

The Employer will reimburse Employee for the reasonable cost of required uniforms, shoes, and/or knives in accordance with California Industrial Welfare Commission (IWC) Wage Orders.

6. Benefits

Option A: Employee is eligible for health insurance coverage, subject to the terms and conditions of the Employer's health insurance plan.

Option B: Employee is not currently eligible for health insurance coverage, but may become eligible after [Number] months of employment.

Dental and vision coverage may be offered, subject to eligibility requirements.

Employee is entitled to paid sick leave as required by the California Healthy Workplaces, Healthy Families Act.

Employee may be eligible for California Paid Family Leave.

Vacation time accrues at a rate of [Number] days per year.

The Employer observes the following state holidays: [List of Holidays].

Option A: Employee is entitled to a complimentary meal during each shift.

Option B: Employee is offered a [Percentage]% discount on meals.

Employee may be eligible to participate in the Employer's retirement/pension plan after meeting eligibility requirements.

All benefits will be provided in accordance with California law.

7. Wage Theft Prevention Act Compliance

Employee acknowledges receipt of a written notice stating the pay rate, Employer name, physical address, paydays, and paid sick leave rights, in compliance with California's Wage Theft Prevention Act.

8. Workplace Safety and Health

Employee must comply with all Cal/OSHA kitchen safety standards, including proper knife handling, fire safety procedures, and protocols for preventing cuts, burns, and chemical exposure.

Employee must report all incidents and accidents immediately to their supervisor.

9. Health and Illness

Employee must report any health symptoms or illness that may affect food safety to their supervisor immediately.

Employee may be excluded from work if they have a communicable disease or illness as defined by the California Health and Safety Code.

Employee may be eligible for workers' compensation benefits if they experience a work-related illness or injury.

10. Food Safety

Employee must adhere to strict food safety protocols, including regular handwashing, use of gloves, maintenance of temperature logs, and participation in health inspections.

11. Confidentiality

Employee agrees to keep confidential all proprietary recipes, menus, preparation methods, customer/vendor information, and kitchen operations.

All recipes and training materials are the property of the Employer and cannot be disseminated or copied without written permission.

12. Conduct and Behavior

Employee must maintain a professional demeanor in the kitchen environment, including refraining from harassment, reporting issues promptly, working as a team, adhering to dress code/hygiene standards, and maintaining punctuality.

13. Anti-Discrimination and Harassment

The Employer complies with the California Fair Employment and Housing Act and other relevant laws prohibiting discrimination or retaliation based on protected categories including race, gender, sexual orientation, national origin, religion, age, disability, and immigration status.

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

14. Non-Competition

Option A: Employee agrees not to compete with the Employer during the term of employment and for a period of [Number] months following termination within a [Radius] mile radius of the Employer's location, as permitted by California law. (Note: California law heavily restricts non-compete agreements.)

Option B: Employee agrees not to solicit customers or employees of the Employer during the term of employment and for a period of [Number] months following termination.

Option C: This agreement does not contain a non-compete clause.

15. At-Will Employment

Employment is at-will, meaning either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable California law.

Option A: The Employer reserves the right to terminate the employee for gross misconduct, food safety violations, or other serious offenses, effective immediately.

Option B: The Employee must provide [Number] days' written notice of resignation.

The final paycheck will be issued in accordance with California Labor Code Sections 201-203.

Accrued vacation or PTO will be paid out in accordance with California law.

Employee must return all Employer property, including uniforms and kitchen tools, upon termination.

16. Schedule Changes

The Employer may make changes to the Employee's work schedule as needed.

The Employer will provide reasonable notice of schedule changes in accordance with California law.

The Employer will comply with California's Fair Scheduling laws (if applicable locally).

17. Dispute Resolution

Any disputes arising out of or relating to this Agreement will be resolved through mandatory mediation and/or arbitration in [City/County], California.

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

18. Compliance with Laws

The Employer will maintain all required workplace postings, including wage and hour information, safety regulations, and sick leave policies.

The Employer will maintain a Workplace Injury and Illness Prevention Program (IIPP) as required by Cal/OSHA.

Employee is responsible for maintaining a valid California Food Handler Card.

19. Nursing Mother Accommodations

The Employer will provide reasonable break time and a private location for nursing mothers, as required by California law.

20. Right to Discuss Wages

Employee has the right to discuss their wages and working conditions with other employees, as protected by California Labor Code Section 232.

21. Additional Policies

Option A: Employee is entitled to a [Percentage]% discount on meals.

Option B: Employee performance will be reviewed every [Number] months.

Option C: The employer will provide chef-driven training/mentoring.

22. Adjustments

The terms of this contract are subject to change, and adjustments may be made to reflect specific workplace or kitchen practices and employee needs, as agreed upon in writing by both parties.

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

_______________________________

[Employer Name]

By: _______________________________

[Employer Representative Name]

Title: _______________________________

_______________________________

[Employee Name]

Date: _______________________________