California restaurant server employment contract template

California Restaurant Server Employment Agreement

This California Restaurant Server Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Restaurant Name], with its principal place of business at [Restaurant Address], Business License Number [Business License Number] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address], Social Security Number [SSN] (“Employee”).

Position and Job Duties

The Employee is hired as a Full-Time Restaurant Server.

The Employee's supervisor is [Supervisor Title, e.g., Floor Manager], and the employee may receive direction from multiple managers during a shift.

Job Duties:

• Greeting guests and presenting menus.
• Taking food and beverage orders accurately.
• Relaying orders to kitchen and bar staff.
• Serving food and drinks to guests.
• Refilling beverages and attending to guest needs.
• Checking guest identification for alcohol service, as required by California ABC regulations.
• Handling payments (cash, credit cards, POS terminal).
• Processing tips (cash and electronic).
• Preparing itemized bills.
• Setting and clearing tables.
• Following food safety and hygiene standards per California Health and Safety Code.
• Accurately describing menu items and specials.
• Accommodating dietary restrictions and allergies.
• Performing opening and closing duties.
• Assisting with stocking and inventory.
• Reporting accidents and safety hazards immediately.
• Upholding customer service standards as defined by the Employer.

Uniform and Grooming Standards

Option A: The Employer provides the uniform, and the Employee is responsible for maintaining it.

Option B: The Employee is responsible for providing and maintaining the uniform, as specified by the Employer. The Employer will reimburse for reasonable uniform costs up to [Dollar Amount].

Option C: The Employer provides a uniform cleaning allowance of [Dollar Amount] per [Pay Period].

Grooming standards will comply with California workplace appearance/non-discrimination guidelines.

Rules regarding piercings, tattoos, and jewelry are as per the restaurant policy outlined in the employee handbook.

Work Schedule and Hours

The Employee is classified as a Full-Time employee.

The standard work week is [Number] hours per week.

Option A: The Employee's schedule will be determined by the Employer and may vary based on business needs.

Option B: The Employee will be scheduled for a minimum of [Number] hours per week.

Split shifts [are/are not] permitted.

Changes to the schedule will be communicated with reasonable notice.

Employee is responsible for finding coverage for shifts they cannot work, subject to management approval.

Overtime Compensation

Overtime will be paid at a rate of 1.5 times the Employee's regular hourly rate for all hours worked over 8 in a workday or 40 in a workweek.

Double time will be paid for all hours worked over 12 in a workday.

Overtime will be pre-approved by management in advance.

Rest and Meal Breaks

The Employee is entitled to a 10-minute paid rest break for every 4 hours worked, or major fraction thereof.

The Employee is entitled to an uninterrupted 30-minute unpaid meal break for shifts exceeding 5 hours.

Option A: Employees are responsible for tracking their own breaks.

Option B: Management will schedule and monitor breaks.

Missed breaks will be compensated as required by California law.

Tip Policy

Option A: Tip pooling is [Required/Not Required].

• If Required: Tips are pooled among [Eligible Employees, e.g., Servers, Bussers, Bartenders] and distributed according to the following formula: [Tip Pooling Formula, e.g., Percentage based on hours worked].
• If Not Required: Individual employees retain all tips received.

Tips are collected [Daily/Weekly] and distributed [Daily/Weekly] via [Method of Distribution, e.g., Cash, Paycheck].

The Employer plays no role in the distribution of tips, other than as required by law for tax reporting purposes.

Employee is responsible for accurately reporting all tips earned.

Compensation and Benefits

The Employee's base hourly wage is [Dollar Amount], which meets or exceeds the California state/local minimum wage. California does not allow tip credits.

Payday is [Day of the Week].

Option A: The Employee is eligible for the following benefits: [List of Benefits, e.g., Health Insurance, Paid Sick Leave, Vacation Time].

Option B: The Employee is not eligible for benefits at this time.

Accrued paid sick leave will be administered according to California law, accruing at least 1 hour per 30 hours worked, with usage, accrual caps, and carryover rules as mandated.

All paychecks will include a compliant pay stub detailing all earnings, deductions, and tips reported.

Workplace Conduct

The Employer maintains a zero-tolerance policy against harassment and discrimination, as outlined in the employee handbook and consistent with the California Fair Employment and Housing Act (FEHA).

The Employee is required to participate in sexual harassment prevention training as required by California law.

The Employer provides a confidential complaint/reporting procedure for any violations of this policy.

Certifications

The Employee must obtain a valid Food Handler Card as required by California law before the start of work and maintain its validity throughout employment.

If serving alcoholic beverages, the Employee must obtain ABC Responsible Beverage Service training/certification and maintain its validity throughout employment.

The cost of the Food Handler Card is [Responsibility, e.g., Employee's responsibility, Employer reimburses].

The cost of the ABC certification is [Responsibility, e.g., Employee's responsibility, Employer reimburses].

Timekeeping

The Employee is required to clock in and out accurately using [Timekeeping Method, e.g., Electronic time clock, Manual timesheet].

The Employee must sign off on their timesheet at the end of each pay period.

Working off the clock is strictly prohibited.

Any errors in wages or time records should be reported immediately to [Contact Person/Department].

Code of Conduct

The Employee is expected to adhere to the Employer's code of conduct, as outlined in the employee handbook, including but not limited to punctuality, attendance, customer interaction, and proper use of electronic devices.

The Employee is expected to handle guest complaints, intoxicated guests, and tip disputes according to restaurant policy.

The Employer has a zero-tolerance policy on theft, harassment, and workplace violence.

Training

The Employee is required to attend pre-shift meetings and mandatory ongoing safety or menu training sessions.

The Employee will be compensated for time spent in training.

The Employee must comply with all posted house rules and operational manuals.

At-Will Employment

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

Termination

If the Employee resigns, they are required to provide [Number] days' written notice.

Upon termination, the Employee will receive their final paycheck, including payout of accrued but unused paid time off, as required by California law, within [Timeframe per California Law, e.g., 72 hours].

The Employee must return all Employer property, including uniforms and access cards, upon termination.

Confidentiality

The Employee agrees to maintain the confidentiality of the Employer's proprietary recipes, customer lists, and business practices.

Workers' Compensation

The Employer maintains workers' compensation insurance as required by California law.

The Employee must report any work-related injury or illness immediately to [Contact Person/Department].

Dispute Resolution

Any disputes arising from this Agreement will be resolved through informal discussion, then mediation or arbitration in [County] County, California, as governed by the California Code of Civil Procedure.

California law will govern the interpretation and enforcement of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

All hours, pay, schedules, shift assignments, benefits, and duties may be changed by the Employer in accordance with business needs and California legal requirements, with reasonable notice provided to employees.

Employee acknowledges that they have received and read the latest employer policies, employee handbook, and applicable workplace posters as mandated by California law.

Employer:

____________________________
[Restaurant Name]

By: ____________________________
[Employer Representative Name]

Title: ____________________________
[Employer Representative Title]

Date: ____________________________

Employee:

____________________________
[Employee Full Legal Name]

Date: ____________________________