Georgia restaurant server employment contract template

Georgia Restaurant Server Employment Contract

This Georgia Restaurant Server Employment Contract ("Agreement") is made and effective as of [Date] by and between [Restaurant Legal Entity Name], a [State of Incorporation] corporation with a principal place of business at [Restaurant Address] ("Employer"), and [Server Full Name], residing at [Server Address] ("Employee").

1. Position:

Option A: Full-Time Restaurant Server

Option B: Part-Time Restaurant Server (If part-time, specify average hours per week: [Number] hours/week)

Employee is hired as a Restaurant Server and will report to [Manager Name/Title]. Responsibilities include, but are not limited to:

• Greeting and seating guests.
• Presenting menus and taking orders.
• Serving food and beverages.
• Responding to guest inquiries and resolving complaints.
• Ensuring order accuracy.
• Adhering to food safety and sanitation standards.
• Processing payments (cash, credit, debit).
• Handling gratuities in accordance with Employer policy (see Section 4).
• Restocking service areas.
• Assisting with opening/closing procedures.
• Complying with all applicable alcohol service regulations.
• Upholding Employer’s customer service standards.
• Teamwork and cooperation with other employees.

2. Work Location and Requirements:

Option A: Primary work location is at the Employer's restaurant facility located at [Restaurant Address], Georgia.

Option B: Employee may be required to work at other Employer locations within [Number] mile radius of primary location, as needed.

Site-specific requirements:

Option A: Uniform is required. Employee will wear the uniform as provided by the employer. [Specify uniform details].

Option B: Employee is responsible for providing their own uniform. [Specify uniform details].

• If Employer provides uniform:
• Option A: Uniform costs will be borne by the Employer.
• Option B: Deductions for uniform costs may be made, but will not reduce wages below the Georgia minimum wage. The maximum deduction for uniform costs is [Dollar Amount].

Personal hygiene and appearance must comply with Employer policy and Georgia Department of Public Health regulations.

3. Work Schedule and Breaks:

Employee's schedule will be: [Describe schedule, e.g., "Monday-Friday, 5:00 PM - 10:00 PM," or "Variable shifts as assigned"].

Weekend and holiday work may be required.

Employee is entitled to meal and rest breaks in accordance with Georgia law. [Specify break policy, e.g., "A 30-minute unpaid meal break for every 5 hours worked and a 10-minute paid rest break for every 4 hours worked." ]

Overtime will be paid in accordance with the Fair Labor Standards Act (FLSA) and Georgia law.

4. Compensation and Tip Handling:

Employee's base hourly rate is [Dollar Amount] per hour. This rate meets or exceeds Georgia's minimum wage for tipped employees.

Option A: Tips are handled individually by the Employee.

Option B: Tips are pooled and distributed according to the Employer's tip pooling policy. [Describe tip pooling policy details].

Option C: Tips are shared with other employees according to the Employer's tip sharing policy. [Describe tip sharing policy details].

Employer utilizes the tip credit under the Fair Labor Standards Act and Georgia law.

All payroll deductions will be itemized on the Employee's pay stub.

Payment will be made via [Direct Deposit/Check] on a [Weekly/Bi-weekly] basis.

5. Employee Benefits:

Option A: Employee is eligible for benefits as described in the Employee Handbook. These benefits include:

• Health insurance (Eligibility requirements: [Describe eligibility requirements])
• Paid time off (Accrual rate: [Describe accrual rate])
• Sick leave (Accrual rate: [Describe accrual rate])
• Meal/shift discounts ([Describe discount policy])
• [Other Benefits]

Option B: Employee is not currently eligible for benefits.

Eligibility for employer-sponsored retirement plans is subject to plan documents and eligibility requirements.

6. Standards of Conduct and Performance:

Employee must be punctual and maintain professional workplace behavior.

Employee must follow Employer’s customer relations protocols.

Employee must properly use Employer property (POS systems, cash drawers).

Employee must comply with all health department regulations.

Intoxication or drug use on the job is strictly prohibited.

Phone use during shifts is restricted to [Describe restrictions].

Harassment or discrimination of any kind is prohibited. See Section 7 for more details.

7. Equal Opportunity and Anti-Harassment:

Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law.

Employer maintains a strict anti-harassment policy. Any form of harassment, including sexual harassment, is prohibited. Employees are encouraged to report any instances of harassment to [Designated Contact Person/Title]. Retaliation against anyone reporting harassment is strictly prohibited.

8. Alcohol Service:

Employee must comply with all Georgia alcohol service laws.

Employee is required to pass responsible alcohol service certification (e.g., ServSafe Alcohol or Georgia’s Responsible Alcohol Sales and Service certification) within [Number] days of hire.

Employee must refuse service to underage or intoxicated patrons.

Employee must report any violations of alcohol service laws to [Designated Contact Person/Title].

9. Safety, Sanitation, and Food Handling:

Employee must adhere to all safety, sanitation, and food handling obligations as required by the Georgia Department of Public Health and local health codes.

Employee will participate in periodic training as required.

Employee may be required to maintain certifications related to food safety.

10. Termination:

Employer maintains an "at-will" employment policy. This means that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws.

Grounds for immediate termination include, but are not limited to: theft, misappropriation of tips, workplace violence, or deliberate health code violations.

For voluntary resignation, Employee must provide [Number] days' written notice.

Final paycheck, including all earned wages and tips, will be paid according to Georgia law.

11. Performance Reviews and Corrective Action:

Employee will receive performance reviews [Frequency of reviews, e.g., "annually"].

Corrective action may be taken for performance deficiencies or violations of Employer policy.

12. Workers' Compensation:

Employer maintains workers' compensation insurance as required by Georgia law.

Employee must report any work-related injuries or incidents to [Designated Contact Person/Title] immediately.

13. Acknowledgment:

Employee's start date is [Date].

Employee has received an orientation and understands Employer policies.

Employee authorizes Employer to conduct a background check, if applicable.

Employee has provided all required documentation for I-9 verification.

14. Confidentiality:

Employee must maintain the confidentiality of proprietary information, including customer records, business practices, and non-public menu/pricing data.

15. Modification:

This Agreement may be modified or amended only by a written document signed by both Employer and Employee.

16. Notice:

Employee must provide notice for schedule changes, leave requests, or emergencies according to Employer policy.

17. Breaks, Meals, and Personal Property:

Employer's policy on breaks and meal consumption on premises is outlined in the employee handbook.

Employee may store personal property in designated areas only. Employer is not responsible for loss or damage to personal property.

18. Non-Compete:

Option A: There is no non-compete provision in this Agreement.

Option B: Employee agrees not to [Specific non-compete restrictions, must be reasonable and compliant with Georgia law] during and for [Number] months after termination of employment. This provision is limited to [Specific geographic area].

19. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. The exclusive jurisdiction and venue for any disputes arising under this Agreement shall be in the state and federal courts located in [County Name] County, Georgia.

20. Complete 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.

21. Training:

Employee acknowledges and agrees to complete any ongoing compliance training as required by updated Georgia legal or regulatory changes, or as otherwise required by Employer.

Employee acknowledges having read, understood, and agreed to the terms of this Georgia Restaurant Server Employment Contract.

____________________________
[Employer Representative Name/Title]

____________________________
[Server Full Name]

Date: [Date]