Delaware restaurant server employment contract template

Delaware 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 Name], a Delaware business entity with a business license number of [Business License Number], located at [Restaurant Address], Delaware, and represented by [Owner/Manager Name] (hereinafter "Employer");

and

• [Server Legal Name], residing at [Server Address], with contact details [Server Phone Number] and [Server Email Address] (hereinafter "Employee").

1. Position and Job Description

The Employer hereby employs the Employee as a Restaurant Server.

• Option A: Core Duties:
  • Greeting and seating guests in a friendly and efficient manner.
  • Taking accurate food and beverage orders.
  • Relaying orders to kitchen and bar staff.
  • Delivering food and beverages promptly and professionally.
  • Checking guest identification for age-restricted beverage service in compliance with Delaware law.
  • Maintaining table settings and ensuring cleanliness.
  • Upselling menu items and promoting specials.
  • Handling cash and operating the point-of-sale (POS) system.
  • Processing payments and gratuities accurately.
  • Following all food safety and health code requirements as mandated by the Delaware Division of Public Health.
  • Participating in opening and closing duties as assigned.
  • Adhering to the customer service standards established by the Employer.
• Option B: Additional Duties: [Specify additional duties]
• Option C: Reporting Structure: The Employee will report to [Manager Name/Supervisor Name/Shift Leader Name]. The Employee is expected to cooperate with kitchen staff, bussers, and hosts, fostering teamwork and communication.

2. Work Location and Expectations

• Option A: The Employee's primary work location is [Restaurant Address], Delaware.
• Option B: On-Site Work: The Employee is expected to perform all duties on-site.
• Option C: Uniform/Dress Code: The Employee must adhere to the Employer's uniform/dress code policy, including appropriate footwear compliant with Delaware health codes: [Describe Uniform/Dress Code]. [Specify if uniform laundering is employer-provided].

3. Employment Type and Work Hours

• Option A: Employment Type: Full-Time (at least 30-40 hours per week).
• Option B: Scheduled Work Hours: The Employee's work schedule will be [Number] hours per week, consisting of [Morning/Afternoon/Evening] shifts, including [Rotating Shifts/Weekends].
• Option C: Meal and Rest Periods: The Employee is entitled to meal and rest periods as required by Delaware law. [Specify meal and rest period schedule].
• Option D: Minor Labor Rules (If Employee is under 18): The Employee's work schedule will comply with all applicable Delaware minor labor laws.
• Option E: Recordkeeping: The Employer will maintain accurate records of the Employee's hours worked, as required by the Delaware Wage Payment and Collection Act.
• Option F: Shift Swaps/Call Outs: [Outline policies on shift swaps and calling out sick].

4. Compensation

• Option A: Wage: The Employee will be paid an hourly base wage of [Dollar Amount], which meets or exceeds the Delaware minimum wage requirements.
• Option B: Tip Pooling/Sharing: [Describe tip pooling or tip sharing arrangement, if any, in compliance with Delaware law. Include details of distribution process.]. Written consent of the employee is required for any tip pooling or sharing arrangement.
• Option C: Declared Tips: The Employee is responsible for accurately declaring all tips received, in accordance with IRS and Delaware Division of Revenue requirements.
• Option D: Pay Cycle: The Employee will be paid [Weekly/Bi-weekly/Monthly].
• Option E: Overtime: The Employee will be paid overtime at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, as required by Delaware law.
• Option F: Gratuity Distributions: [Specify details of any promised gratuity distributions].
• Option G: Incentives: [Describe any incentives, such as upsell bonuses or shift differentials].
• Option H: Wage Deductions: All required wage deductions will be made in accordance with applicable laws. [Specify potential deductions, e.g., taxes, insurance premiums].

5. Benefits

• Option A: Health Insurance: [State whether health insurance is offered and, if so, provide details].
• Option B: Paid Time Off (PTO): [State whether PTO is offered and, if so, provide accrual rate and usage policies].
• Option C: Vacation: [State whether vacation time is offered and, if so, provide accrual rate and usage policies].
• Option D: Sick Leave: [State whether sick leave is offered and, if so, describe the policy, including compliance with the Delaware Healthy Workplaces Act, if applicable].
• Option E: Holiday Pay: [State whether holiday pay is offered and, if so, list the holidays and pay rate].
• Option F: Employee Meals: [State whether free or discounted employee meals are provided and, if so, describe the policy].
• Option G: Other Benefits: [Describe any other benefits, such as transportation or parking stipends, or staff training/certification support (e.g., Responsible Alcohol Server, Food Handler)].

6. At-Will Employment

The Employee's employment with the Employer is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice (unless otherwise required by law).

• Option A: Voluntary Resignation: The Employee is requested to provide [Number] days' written notice of resignation.
• Option B: Employer-Initiated Termination: The Employer reserves the right to terminate the Employee's employment at any time, with or without cause or notice, subject to applicable Delaware law regarding final pay.
• Option C: Job Abandonment: [Define conditions constituting job abandonment].
• Option D: Return of Property: Upon termination, the Employee must return all uniforms, restaurant property, and confidential information to the Employer.
• Option E: Final Pay: The Employee's final paycheck will be issued in accordance with Delaware law.

7. Standards of Conduct

The Employee is expected to adhere to the following standards of conduct:

• Strict compliance with Delaware Division of Public Health food safety regulations.
• Adherence to Delaware alcohol service laws and regulations, ensuring compliance with the Delaware Alcoholic Beverage Control Commissioner.
• Maintenance of high standards of hygiene and appearance.
• Punctuality and reliability.
• Abstinence from substance use during work shifts.
• Adherence to the Employer's workplace violence and anti-harassment policies.
• Maintenance of guest confidentiality.
• Professional and courteous interaction with guests, even in difficult situations.
• Prohibition of retaliation against whistleblowers under Delaware law.

8. Anti-Discrimination and Anti-Harassment

The Employer is committed to providing a work environment free of discrimination and harassment, in compliance with the Delaware Discrimination in Employment Act. This includes protections based on age, race, color, national origin, religion, gender, sexual orientation, gender identity, disability, and other protected characteristics. [Reference Employer's specific anti-discrimination and anti-harassment policies, and reporting procedures].

9. Workplace Safety

The Employer is committed to providing a safe working environment and complying with all applicable OSHA and Delaware-specific restaurant safety rules.

• Required training will be provided on:
  • Slips and falls.
  • Safe lifting techniques.
  • Proper use of equipment.
  • Handling cleaning chemicals.
  • Incident reporting procedures.
• The Employee must follow procedures for dealing with injuries and workers' compensation requirements under Delaware law.

10. Tip Pooling/Sharing Compliance

• The Employer shall comply with all Delaware Division of Labor regulations regarding tip pooling/sharing.
• All employee tips shall be protected and shall belong to the employee, except as allowed by lawful tip sharing arrangements to which the employee has given written consent.

11. Technology and Information Use

• The Employee must use the Employer's POS systems responsibly and only for authorized purposes.
• The Employee is prohibited from unauthorized use of restaurant customer information.
• No outside employment or personal business may be conducted on the Employer's premises during work hours.
• Social media use regarding workplace or on-duty conduct must comply with the Employer's social media policy.

12. Mandatory Training/Certifications

• The Employee is required to complete the following mandatory training/certifications: [Specify required training, e.g., Food Handler, Responsible Alcohol Server].
• Completion dates and renewal timelines must comply with Delaware Division of Public Health and Alcoholic Beverage Control requirements.

13. Emergency Procedures

The Employee must be familiar with and follow the Employer's emergency procedures, evacuation plans, and any special local requirements for fire safety or weather emergencies.

14. Dispute Resolution

• Disputes arising from this Agreement will be addressed through the following steps:
  • Escalation within the restaurant management structure.
  • Voluntary mediation in Delaware (optional).
  • Legal venue for disputes will be the courts of Delaware.
• [Optional: Include an arbitration clause, ensuring compliance with Delaware enforceability standards].

15. Acknowledgement of Delaware Law

The Employee acknowledges receipt of notice regarding Delaware's Wage Payment and Collection Act, posting rights, and the address/phone for the Delaware Department of Labor for reporting suspected violations.

16. Employee Records and Pay Stubs

• The Employer will provide pay stubs or written earnings statements as required by Delaware law.
• The Employer will maintain employee records in accordance with Delaware law.
• The Employee has the right to review/inspect their personnel file in compliance with Delaware law.

17. Agreement Modification

This Agreement may be modified only by a written amendment signed by both parties. The Employee acknowledges receipt and review of any employee handbook or supplementary restaurant policies issued by the Employer.

18. Disclaimer: Non-Compete

As Delaware law prohibits non-compete agreements for low-wage workers such as servers (per Title 19, Ch. 7A Delaware Code), this Agreement does not include any non-compete or non-solicitation clauses.

19. [Optional] Union Membership

• Option A: This restaurant is a union workplace and the Employee may be subject to a collective bargaining agreement. [Provide details of union representation].
• Option B: This restaurant is a non-union workplace.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

____________________________

[Employer Name]

By: [Owner/Manager Name]

Title: [Title]

____________________________

[Server Legal Name]

Employee Signature