Colorado restaurant server employment contract template

Colorado 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] [Entity Type], with its principal place of business at [Restaurant Address, City, State, Zip Code] (“Employer”), and
• [Employee Legal Name], residing at [Employee Address, City, State, Zip Code] (“Employee”).

The Employer desires to employ the Employee as a Full-Time Restaurant Server, and the Employee desires to accept such employment, subject to the terms and conditions set forth herein. The designated worksite location is [Restaurant Address, City, State, Zip Code].

1. Position: Full-Time Restaurant Server

• Option A: The Employee is hired as a Full-Time Restaurant Server.
• Option B: The Employee is hired as a Full-Time [Restaurant Type] Server.

2. Job Responsibilities: The Employee's responsibilities include, but are not limited to, the following:

• Greeting and seating guests.
• Providing menu knowledge and explanations, including awareness of allergens and compliance with Colorado food labeling laws.
• Taking accurate orders using the point-of-sale (POS) system.
• Serving food and beverages.
• Alcohol service, including verifying legal drinking age and compliance with Colorado Responsible Vendor Training requirements.
  • Option A: Employee possesses valid TIPS certification.
  • Option B: Employer will provide Colorado Responsible Vendor Training within [Number] days of employment.
• Upselling menu items within Colorado liquor advertising limits.
• Clearing and resetting tables.
• Adhering to health and safety protocols per Colorado Retail Food Establishment Rules and Regulations.
• Handling cash and credit card transactions in compliance with PCI DSS and Colorado privacy laws.
• Tip reporting and adherence to tip pooling policies as defined below.
• Compliance with all Employer standards and applicable Colorado industry regulations.
• Completing daily shift checklists.

3. Uniform and Appearance Standards:

• The Employee is required to wear the uniform as prescribed by the Employer.
• Option A: The Employer will provide and maintain the required uniform at no cost to the Employee, as required by Colorado law.
• Option B: The Employee is responsible for maintaining the uniform, and the Employer will provide a uniform maintenance allowance of [Dollar Amount] per pay period.
• Appearance standards include maintaining a clean and professional appearance, as detailed in the employee handbook.
• The Employee’s appearance must adhere to all applicable Colorado public health codes.

4. Reporting and Teamwork:

• The Employee will report directly to [Supervisor Name], [Supervisor Title].
• The Employee is required to attend team meetings as scheduled.
• The Employee will collaborate effectively with kitchen and bar staff.

5. Work Schedule:

• The Employee is hired for a full-time position, generally consisting of 40 hours per week, in accordance with Colorado law.
• Shift schedules will be provided in advance, in compliance with applicable Colorado predictive scheduling ordinances (if applicable to the city/county of employment).
• The Employee is entitled to rest periods between shifts as required by Colorado law.

6. Overtime:

Overtime will be paid at a rate of one and one-half (1.5) times the Employee’s regular rate of pay for all hours worked over 40 in a workweek, or 12 hours in a workday, as required by Colorado COMPS Order.

7. Meal and Rest Breaks:

The Employee is entitled to a 10-minute paid rest break for every 4 hours worked, and a 30-minute uninterrupted meal period for shifts over 5 consecutive hours, as required by Colorado labor regulations. The Employer will document the provision of meal and rest breaks.

8. Compensation:

• The Employee will be paid a base wage of [Dollar Amount] per hour, which meets or exceeds the Colorado minimum wage for tipped employees.
• The Employer will regularly review wages and tips to ensure the Employee's total compensation meets or exceeds the Colorado minimum wage.
• Pay frequency is [Biweekly/Other Frequency].
• Wages will be paid by [Method of Payment, e.g., Direct Deposit].
• Electronic wage statements will be provided as required by Colorado law.

9. Tip Handling:

• Option A: The Employee will retain all tips received directly from customers.
• Option B: The Employer utilizes a tip pool, and the Employee will participate in the tip pool according to the following procedure: [Tip Pool Procedure Details].

All tips will be reported to the IRS and the Colorado Department of Revenue as required by law.

10. Other Compensation:

• Option A: The Employee is eligible for shift differentials as follows: [Shift Differential Details].
• Option B: The Employee is eligible for holiday/special event pay as follows: [Holiday/Special Event Pay Details].
• Option C: The Employee is eligible to participate in the company-wide bonus program, subject to the program's terms and conditions.

11. Benefits:

• The Employee will accrue paid sick leave in accordance with the Colorado Healthy Families and Workplaces Act, earning at least one (1) hour of paid sick leave for every thirty (30) hours worked.
• The Employee is eligible for family and medical leave rights per the Colorado FAMLI program.
• Option A: The Employee is eligible for health insurance benefits as described in the employee handbook.
• The Employee is eligible for a [Percentage] meal/food discount.
• Option A: The Employer provides a uniform maintenance allowance of [Dollar Amount] per pay period.
• Option B: The Employer provides public transit/parking provisions as follows: [Transit/Parking Details].
• Option A: The Employee will be paid for the following Colorado-recognized holidays: [List of Holidays].

12. Wage Transparency:

The Employer complies with Colorado wage transparency laws. Pay ranges will be included in any internally posted server openings or promotions. Employees are free to discuss their wages.

13. At-Will Employment:

Employment is at will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, subject to the notice requirements below.

14. Termination:

• Voluntary Resignation: The Employee is required to provide [Number] days’ written notice of resignation.
• Employer-Initiated Termination: The Employer may terminate the Employee's employment with [Number] days’ written notice, except in cases of gross misconduct.
• Immediate Termination: The Employer may terminate the Employee's employment immediately for gross misconduct, including but not limited to theft, serving intoxicated patrons, or repeated violations of food safety regulations.

15. Final Pay and Return of Property:

• Upon termination, all wages and tips due will be paid within 24 hours if the Employee is discharged, as required by Colorado law.
• The Employee will return all Employer property, including uniforms and POS devices, upon termination.
• The Employer's post-employment reference policy is as follows: [Reference Policy Details].

16. Anti-Discrimination and Equal Opportunity:

The Employer is an equal opportunity employer and complies with the Colorado Anti-Discrimination Act. The Employer does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by law.

17. Responsible Alcohol Service:

• The Employee is required to adhere to responsible alcohol service practices, including verifying legal drinking age and refusing service to visibly intoxicated persons.
• The Employee must comply with DR 8044 requirements for reporting sales to minors.

18. Workplace Safety:

• The Employee is required to comply with all Colorado state and local health codes, including the proper handling of hazardous cleaning chemicals and reporting of workplace injuries.
• The Employee acknowledges coverage under the Colorado Workers’ Compensation Act.
• The Employee will participate in safety drills and follow procedures for public health emergencies.

19. Confidentiality:

• The Employee will maintain the confidentiality of guest payment or financial information.
• The Employee will not share customer or Employer trade secrets, including recipes and business processes.
• The Employee will report any exposure to foodborne illness.

20. Appearance and Behavioral Standards:

• The Employee will maintain a professional appearance and adhere to behavioral standards as outlined in the employee handbook.
• The Employee is prohibited from using drugs or alcohol while on duty.
  • Marijuana usage must comply with Colorado law and Employer policy.
• The Employee will limit cellphone and device usage during work hours.
• The Employee will not discriminate against or harass customers or coworkers.

21. Shift Duties:

• The Employee will comply with daily shift checklists.
• The Employee will properly reconcile POS systems and follow cash drop procedures.
• The Employee will complete post-shift cleaning requirements.

22. Training:

• The Employee is required to participate in Employer-sponsored training, including food safety, anti-harassment, and alcohol compliance training.
• Affirmation of completion of required training is a condition of continued employment.

23. Secondary Employment:

The Employee will notify the Employer of any secondary employment that may create a conflict of interest with competitors, subject to Colorado law.

24. Grievance Procedures:

• The Employee may report complaints to management according to the procedures outlined in the employee handbook.
• The Employee may also report complaints to the Colorado Department of Labor and Employment.

25. Dispute Resolution:

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.
• Any legal action related to this Agreement shall be brought in the courts of Colorado.

26. Required Colorado Notices:

The Employee acknowledges receipt of the Colorado COMPS Order poster, the wage theft notice, and the mandatory sick leave poster.

27. Amendment:

This Agreement may be amended only by a written agreement signed by both the Employer and the Employee.

28. Policy Changes:

The Employer reserves the right to change employment policies with due notice, provided such changes are not in conflict with Colorado law.

29. Severability:

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

30. Governing Law:

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

31. Acknowledgment:

The Employee acknowledges that they have received and reviewed the Employer’s employee handbook and/or server-specific policy documents.

IN WITNESS WHEREOF, 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 Legal Name]