Florida cook employment contract template

Florida Cook Employment Contract

This Florida Cook Employment Contract (the "Agreement") is made and entered into as of [Date of Signing] by and between:

• [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], [Employer City], [Employer County], Florida, [Employer Zip Code] ("Employer"), and
• [Employee Legal Name], residing at [Employee Address], [Employee City], [Employee County], Florida, [Employee Zip Code] ("Employee").

1. Position

• The Employer hereby employs the Employee as a Cook.
• Primary Duties: The Employee's primary duties will include, but are not limited to:
  • Food preparation.
  • Ingredient handling.
  • Cooking specific menu items according to standardized recipes.
  • Maintaining food quality and consistency.
  • Following kitchen safety protocols.
  • Proper use of cooking equipment.
  • Station setup and breakdown.
  • Cleaning and sanitizing work areas.
  • Accurate portioning.
  • Timely order fulfillment.
  • Compliance with food storage and labeling procedures.
  • Assisting in inventory management as required.
• Required Knowledge:
  • Familiarity with local cuisine.
  • Safe handling of seafood and allergens.
  • Awareness of major foodborne illness prevention protocols per Florida Department of Health and Department of Business and Professional Regulation (DBPR) regulations.
• Additional Responsibilities:
  • [Describe any additional responsibilities]

2. Certifications

• Mandatory Certifications: Employee must possess and maintain a valid Florida food handler certification (e.g., SafeStaff®, ServSafe®, or equivalent).
• Timeline:
  • Option A: Employee possesses a current, valid certification.
  • Option B: Employee must obtain certification within [Number] days of hire. Employer will reimburse [Percentage]% of the certification fee upon successful completion.
• Verification: Employee agrees to provide proof of certification to Employer upon request.

3. Work Location

• The Employee’s primary work location will be the Employer’s commercial kitchen located at [Restaurant Address], [City], [County], Florida.
• Compliance: The Employer’s operation complies with all applicable [County] regulations regarding occupancy, noise, and hours of operation.
• Off-Site Assignments:
  • Option A: The Employee may be required to work at off-site events or locations.
  • Option B: The Employee will not be required to work at off-site events or locations.

4. Employment Type and Work Schedule

• Employment Type: This is a full-time employment position.
• Minimum Weekly Hours: The Employee is expected to work a minimum of [Number] hours per week.
• Daily Shift Structure:
  • Option A: The Employee's work schedule will consist of [Number] shifts per week, typically from [Start Time] to [End Time].
  • Option B: The Employee's work schedule may include split shifts, weekends, and holidays as required by the Employer.
• Breaks and Meal Periods: The Employee will be provided with breaks and meal periods in compliance with Florida law.
• Overtime: The Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked over 40 in a workweek, as required by the Fair Labor Standards Act (FLSA) and Florida law.
• Timekeeping: Employee is responsible for accurately documenting all work time for wage/hour compliance.
• Shift Swaps/Changes:
  • Option A: Requests for shift swaps or schedule changes must be submitted to [Manager Title] at least [Number] days in advance.
  • Option B: [Specify the process for shift swaps or schedule changes]

5. Compensation

• Wage/Salary:
  • 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 year, paid [Pay Frequency].
• Pay Method: Payment will be made via [Check/Direct Deposit].
• Pay Dates: The Employee will be paid on [Day of the Week].
• Overtime Rate: The overtime rate is one and one-half (1.5) times the Employee’s regular hourly rate.
• Minimum Wage: The Employer will comply with the Florida statutory minimum wage, including any annual adjustments tied to the Consumer Price Index (CPI).
• Tips/Tip Pools:
  • Option A: The Employee is eligible to participate in a tip pool. The distribution of tips will be governed by Florida tip credit laws.
  • Option B: The Employee is not eligible to receive tips.

6. Benefits

• The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer’s benefit plans:
  • Health Insurance: [Specify eligibility and details, including ACA compliance]
  • Dental/Vision Coverage: [Specify eligibility and details]
  • Paid Time Off (PTO): [Number] days per year, accruing [Accrual Rate].
  • Sick Leave: [Number] days per year, in accordance with Florida law.
  • Paid Holidays: [List of Holidays].
  • Meal Discounts: [Percentage]% discount on menu items.
  • Uniforms/Laundry Stipend: [Specify details].
  • Parking/Transportation Allowance: [Specify details].
  • Employer-Sponsored Training: [Specify details]

7. Discipline and Behavioral Standards

• Hygiene: The Employee must adhere to strict hygiene requirements, including frequent handwashing, compliance with the dress code, and prohibition on jewelry/nail polish per DBPR regulations.
• Food Safety: Zero tolerance for serving unsafe food. Immediate reporting of injuries or perishable food spoilage is required.
• Substance Policy: Compliance with the Employer’s alcohol and controlled substance policy.
• Reporting Obligations: The Employee must report any suspected foodborne illness outbreaks to the Employer immediately.

8. Chain of Command

• The Employee will report directly to the [Sous Chef/Executive Chef/Kitchen Manager].
• Teamwork: The Employee is expected to work cooperatively with all other kitchen staff.
• Customer Interaction: The Employee will assist with customer or health inspector inquiries as directed by management.

9. Intellectual Property and Recipes

• All original and adjusted recipes, plating presentations, vendor information, and preparation procedures developed by the Employee during their employment are the exclusive property of the Employer.
• The Employee agrees not to use or disclose any of this information after termination of employment.

10. Confidentiality

• The Employee agrees to maintain the confidentiality of the Employer’s recipes, supplier sources, business methods, customer information, and competitive practices.
• This confidentiality obligation extends beyond the termination of employment.

11. Performance Standards

• The Employee must comply with both company policy and Florida’s food code (e.g., Chapter 64E-11, Florida Administrative Code).
• The Employee must take immediate corrective action for any violations found during DBPR or Department of Agriculture & Consumer Services inspections.

12. Equipment Usage and Maintenance

• The Employee is responsible for the proper usage and maintenance of all kitchen equipment.
• The Employee must report any equipment malfunctions to [Manager Title] immediately.
• Training: The Employee will receive required training on hazardous equipment (knives, fryers, slicers) consistent with Florida workplace safety requirements.

13. Workplace Injuries

• The Employee must report and document any workplace injuries or accidents immediately to [Manager Title].
• The Employer maintains workers' compensation insurance as required by Florida law.

14. At-Will Employment

• This is an at-will employment relationship, as permitted under Florida law. Either party may terminate the employment relationship at any time, with or without cause or notice.
• Voluntary Resignation: The Employee must provide [Number] weeks’ written notice of resignation.
• Termination for Cause: The Employer may terminate the Employee’s employment for cause, including, but not limited to, repeated health code violations, insubordination, or intoxication on duty.
• Final Pay: Upon termination, the Employee will receive all earned but unpaid wages, including any accrued PTO, in accordance with Florida law.
• Return of Property: The Employee must return all Employer-owned uniforms, keys, or proprietary materials upon termination.

15. Non-Compete and Non-Solicitation

• Option A: The Employee agrees not to compete with the Employer within a [Number]-mile radius of the Employer’s business for a period of [Number] months following termination of employment. This restriction is limited to positions directly competitive with the Employee’s role at the Employer.
• Option B: The Employee agrees not to solicit the Employer’s employees or customers for a period of [Number] months following termination of employment.
• [Note: Non-compete agreements must be narrowly tailored to be enforceable under Florida law.]

16. Anti-Discrimination and Equal Opportunity

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, pregnancy, national origin, age, disability, marital status, or any other protected category under Florida law.
• The Employer maintains a policy prohibiting harassment of any kind. Employees should report any incidents of discrimination or harassment to [Manager Title].

17. E-Verify

• The Employer complies with E-Verify and Florida-specific requirements for verification of work authorization.

18. Dispute Resolution

• Option A: Any disputes arising under this Agreement shall be resolved through mediation in [County] County, Florida, before resorting to litigation.
• Option B: Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action shall be in the state courts of [County] County, Florida.

19. Health and Safety

• The Employer maintains health and safety policies compliant with OSHA and the Florida Department of Health, covering safe handling of chemicals, first aid availability, and emergency procedures in the kitchen.

20. Policy Updates

• The Employer may update its policies to comply with any future changes to Florida health department, DBPR, or labor regulations.
• The Employee acknowledges receipt of current kitchen and workplace policies.

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

____________________________
[Employer Legal Name]

By: ____________________________
[Employer Printed Name], [Employer Title]

____________________________
[Employee Legal Name]

____________________________
Date