Florida restaurant server employment contract template

Florida Restaurant Server Employment Contract

This Florida Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

• [Restaurant Legal Name], a Florida business entity with its principal place of business at [Restaurant Address] and Florida business registration details: [EIN/FEIN] (hereinafter referred to as "Employer"),

and

• [Employee Full Legal Name], residing at [Employee Address], with a phone number of [Employee Phone Number] and email address of [Employee Email Address] (hereinafter referred to as "Employee").

1. Position

• The Employer hereby employs the Employee as a Full-Time Restaurant Server. This position is classified under the U.S. Department of Labor as a food and beverage serving worker. Relevant Florida State Occupational Codes apply.

2. Duties and Responsibilities

• The Employee shall perform the following duties and responsibilities:
  • Greeting and seating guests in a friendly and efficient manner.
  • Explaining menu items, specials, and answering guest questions.
  • Upselling food and beverage items to enhance the guest experience.
  • Taking accurate food and beverage orders.
  • Relaying orders to the kitchen and bar staff.
  • Serving food and beverages according to established health code standards.
  • Ensuring guests are informed of any allergens or potential warnings associated with menu items.
  • Responding to guest requests and addressing concerns promptly and professionally.
  • Checking identification for age-restricted items, in compliance with Florida law.
  • Monitoring guest intoxication levels in accordance with Florida’s Responsible Vendor requirements.
  • Processing guest checks and handling point-of-sale (POS) systems.
  • Clearing tables and maintaining a clean and organized work environment.
  • Performing basic cleaning tasks as assigned.
  • Participating in service team meetings to improve communication and efficiency.
  • Completing daily sidework and breakdown/closing tasks as assigned.
  • Complying with restaurant appearance standards, including uniform guidelines, grooming requirements, and permitted jewelry/nails per Florida health regulations.
  • Adhering to safety and sanitation standards as set by the Florida Department of Business and Professional Regulation (DBPR) and the Florida Department of Health.

3. Work Location

• The primary work location shall be at [Restaurant Address].
• Option A: Employee may be required to work at other restaurant locations within Florida, as needed.
• Option B: Employee will only work at the primary location listed above.
• Employee's shifts will be assigned based on the needs of the restaurant. The employer reserves the right to rotate sections/stations or assign temporary duties at other branches within the state of Florida if necessary.

4. Employment Type & Hours

• The Employee's employment is classified as Full-Time Regular.
• The Employee is expected to work a minimum of [Number] hours per week.
• The standard workweek structure includes [Days of the Week] and may include weekends and holidays.
• Florida wage and hour laws will be strictly followed regarding meal and rest breaks. While Florida law does not mandate meal or rest breaks for adult employees, meal periods may be offered per company policy.
  • Option A: 30-minute unpaid meal break will be provided for each shift exceeding 6 hours.
  • Option B: 15-minute paid break will be provided for each shift exceeding 4 hours.
• If the employee is a minor, all provisions required under Florida child labor laws regarding shift times, break requirements, and prohibited duties will apply.

5. Compensation

• The starting rate of pay will be [Dollar Amount] per hour.
• The hourly wage will not be less than the Florida minimum wage including annual adjustments, in compliance with Florida Statutes Chapter 448. The minimum wage is currently [Current Minimum Wage] per hour.
• The current direct cash wage for tipped servers is [Dollar Amount] per hour.
• The Employee is considered a tipped employee as defined by Florida Statutes Chapter 448.

6. Pay Calculation & Tip Reporting

• The Employee's pay will be calculated on an hourly basis, plus tips.
• Option A: Tips are the sole property of the Employee and are not subject to mandatory tip sharing.
• Option B: Tips are pooled according to the following tip pooling policy:
  • Eligible participants in the tip pool include: [List of Positions].
  • The distribution method is as follows: [Detailed Description of Tip Pool Distribution].
  • The tip pool will be distributed [Frequency: e.g., Daily, Weekly].
  • Ineligible employees for the tip pool include: [List of positions/employees].
• The Employee is responsible for accurately reporting all tips to the Employer in compliance with IRS and Florida regulations.
• Unlawful deductions from tips for walkouts, breakage, or register shortages are strictly prohibited.

7. Overtime

• Overtime will be paid in accordance with the Fair Labor Standards Act (FLSA) and Florida law.
• The Employee will be paid one and one-half (1.5) times their regular rate of pay for all hours worked over 40 in a workweek.

8. Pay Cycle & Method

• The pay cycle is [Frequency: e.g., Biweekly, Weekly].
• The Employee will be paid via [Method: e.g., Direct Deposit, Check].
• The Employee will receive a pay statement that includes all information required by Florida law.

9. Additional Compensation

• Option A: The Employee is eligible for incentive bonuses for upselling specific menu items, as detailed in the attached bonus policy.
• Option B: The Employee is not eligible for any additional compensation beyond hourly wages and tips.
• Option C: Shift differentials will be paid for shifts worked during [Specific Times] at a rate of [Dollar Amount] per hour.
• Option D: Holiday pay will be paid at a rate of [Rate: e.g., Time and a Half] for hours worked on the following holidays: [List of Holidays].

10. Benefits

• Eligibility for benefits is subject to the Employer's policies and applicable laws.
• Option A: Health insurance is offered to full-time employees who meet eligibility requirements. Details regarding coverage and enrollment are available from HR. An affordable health coverage notice pursuant to the ACA will be provided.
• Option B: Employer-sponsored dental and vision insurance are offered to full-time employees after [Number] months of employment.
• Option C: Employer-sponsored life insurance is offered to full-time employees after [Number] months of employment.
• Option D: Paid time off (PTO) is accrued according to the following policy: [Detailed PTO Policy].
• Option E: The following public holidays are paid: [List of Paid Holidays].
• Option F: Unpaid leave and FMLA rights are provided in accordance with federal law.
• Option G: Employee will receive a [Percentage] discount on meals during shifts.
• Option H: Employee will receive a uniform allowance of [Dollar Amount] per [Frequency: e.g., Month, Year].
• Option I: Employer provides [Parking/Transportation Support Description].

11. Workplace Safety

• The Employee is required to obtain and maintain a valid food handler certification as required by the Florida Department of Business and Professional Regulation (DBPR). The employee is responsible for paying for the certification unless otherwise noted in this agreement.
  • Option A: The Employer will reimburse the Employee for the cost of the initial food handler certification upon successful completion.
• The Employee will participate in initial and ongoing training on safe food service practices.
• If the restaurant holds a liquor license, the Employee may be required to complete alcohol server training through Florida's Responsible Vendor Program.
  • Option A: The employer will reimburse the Employee for the cost of alcohol server training upon successful completion.

12. Conduct and Customer Service

• The Employee must comply with established customer service policies, code of conduct, cell phone/device use rules, social media guidelines, and standards for respectful interaction with coworkers and guests, including uniform and hygiene obligations. The full policy can be found in the Employee Handbook.
• Uniforms are to be clean and well maintained at all times.
• Personal hygiene standards must be maintained to ensure a professional and sanitary environment.

13. Reporting and Evaluation

• The Employee will report directly to [Manager/Supervisor Name and Title].
• The Employee will follow daily check-in/out procedures as instructed by their supervisor.
• Performance evaluations and disciplinary procedures will be conducted according to the restaurant's established policies and procedures.

14. Intellectual Property

• Option A: Any recipes, scripts, or customer service methods specifically developed by the Employee for the Restaurant, which are non-public domain, shall become the property of the Employer.
• Option B: This section is intentionally omitted as the employee will not be developing any intellectual property during employment. Customary customer service activities and skills belong to the Employee.

15. Confidentiality

• The Employee agrees to maintain strict confidentiality regarding all sensitive guest information, business trade secrets, proprietary recipes, sales data, and internal procedures.
• The Employee shall not disclose any information concerning celebrity/VIP guests or private events in accordance with restaurant policy.

16. Legal Compliance

• The Employee shall comply with all applicable Florida state laws and city/county ordinances, including those related to alcohol/tobacco service, anti-harassment policies, and anti-discrimination.
• The Employee must adhere to the Florida Civil Rights Act, the Americans with Disabilities Act (ADA), and local ordinances covering hospitality workers.

17. Complaint/Grievance Procedures

• The Employer maintains a complaint/grievance procedure as outlined in the Employee Handbook.
• The Employer will adhere to the Florida Whistleblower Act and prohibits any form of retaliation against employees who report violations of law.

18. At-Will Employment

• The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, for any lawful reason or no reason, except as prohibited by law.
• Option A: The Employee is required to provide [Number] weeks' notice of resignation.
• Option B: The Employer may terminate the Employee for cause, including theft, violence, or repeated misconduct.

19. Termination Procedures

• Upon termination of employment, the Employee must return all uniforms, company property (keys, tablets, POS credentials, etc.), and any other items belonging to the Employer.
• The final paycheck will be issued in accordance with Florida statutes.

20. Mandatory Training

• The Employee is required to participate in any legally mandated trainings, such as sexual harassment prevention and food safety training.
  • Option A: These trainings are paid by the Employer.
  • Option B: These trainings are unpaid.

21. Accommodation

• The Employer will provide reasonable accommodations for disabilities or religious practices in compliance with the ADA and Florida law.

22. Non-Compete

• The Employer will not impose any non-compete or post-termination restriction that would violate Florida statutes or be unreasonable/restrictive for food service workers.

23. Dispute Resolution

• Option A: The Employer encourages employees to utilize an internal complaint process for resolving workplace disputes.
• Option B: The Employer and Employee agree to attempt to resolve any disputes through voluntary arbitration or mediation in accordance with Florida law.
• The legal venue for any disputes arising under this Agreement shall be in [County Name] County, Florida.

24. Workers' Compensation

• The Employee is covered by workers' compensation insurance as required by Florida law.
• The Employee must report any on-the-job injury immediately to their supervisor.
• The Employer will post workplace safety and compensation information as required by Florida law.

25. Additional Clauses (Optional)

• Option A: In the event of the restaurant's bankruptcy, the Employer will take all necessary steps to safeguard employee tips in accordance with applicable laws and regulations.
• Option B: The Employer collects biometric and personal data for timekeeping and point-of-sale access. A separate data privacy notice will be provided to the Employee.

26. No Contract for Specific Term

• This Agreement does not constitute a contract for a specific term of employment unless explicitly negotiated otherwise in a separate written addendum.

27. Employee Handbook

• The policies in the attached Employee Handbook and Code of Conduct are incorporated by reference into this Agreement.
• The Employer reserves the right to amend the Employee Handbook and Code of Conduct at any time.
• The Employee acknowledges receipt and review of the Employee Handbook.

28. Minor Employees (If Applicable)

• If the Employee is under the age of 18, all provisions required under Florida child labor laws regarding shift times, break requirements, prohibited duties, and parental consent will apply.
  • [Parent/Guardian Name] as parent/guardian of the employee consents to this employment agreement.

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 Full Legal Name]

Employee Signature

____________________________

[Parent/Guardian Name] (If applicable)

Signature of Parent/Guardian