Hawaii restaurant server employment contract template

Hawaii Restaurant Server Employment Contract

This Hawaii Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date of Signing] by and between:

• [Restaurant Legal Name], a [State of Incorporation] corporation, with its principal place of business at [Restaurant Address, Island], Hawaii ("Employer"),
• and
• [Employee Legal Name], residing at [Employee Address, Island], Hawaii ("Employee").

1. Position

• The Employer hereby employs the Employee as a Restaurant Server.
• The Employee accepts such employment and agrees to perform faithfully and diligently the duties of the position.
• Responsibilities include but are not limited to:
  • Greeting and seating guests in a timely and welcoming manner.
  • Explaining menus, including local, Hawaiian, and visitor-oriented offerings.
  • Accurately taking food and beverage orders, including special dietary or locally sourced menu items.
  • Coordinating timely food delivery with kitchen and bar staff.
  • Preparing and presenting accurate checks.
  • Handling split bills and all payment methods.
  • Operating and cashing out a point-of-sale (POS) system.
  • Performing pre- and post-shift side work.
  • Maintaining state and county food safety and sanitation standards.
  • Complying with all Hawaii liquor service laws.
  • Participating in required Hawaii-based training.
  • Understanding procedures for hurricane/tsunami/evacuation safety.
  • Contributing to a positive customer experience.

2. Uniforms and Appearance

• Option A: The Employer will provide the required uniforms.
  • The Employer will provide [Number] uniforms.
• Option B: The Employee will be responsible for providing their own uniforms, according to Employer specifications.
  • Specifications: [Uniform Specifications]
• Option C: A uniform deposit of [Dollar Amount] is required, refundable upon return of the uniform in good condition.
• The Employee agrees to maintain a clean and professional appearance, consistent with the Employer’s standards.
  • Details: [Appearance Standards Details]

3. Work Location

• The primary work location will be at [Restaurant Address, Island], Hawaii.
• Option A: Employee may be required to work rotational shifts at other Employer locations on [Island].
  • Locations: [List of Locations]
• Option B: Employee may be required to work at outdoor or lanai seating areas as assigned.

4. Employment Status and Hours

• This is a full-time employment position.
• The Employee's normal work schedule will be approximately [Number] hours per week.
• Option A: The Employee may be required to work split shifts.
• Option B: The Employee will generally receive [Number] consecutive days off per week.
• Option C: Overtime will be paid at one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked over 40 in a workweek, as required by Hawaii law.

5. Compensation

• The Employee’s base hourly wage will be [Dollar Amount] per hour.
• Tips are an integral part of the Employee’s compensation.
• Option A: Tips are retained by the Employee.
• Option B: Tips are subject to a tip pooling arrangement.
  • Tip Pooling Details: [Tip Pooling Details]
• The Employee is responsible for accurately reporting all tips to the Employer and for all applicable taxes.
• Option A: A service charge of [Percentage] will be added to certain bills, and the allocation of these charges will be [Service Charge Allocation Details]

6. Wage Deductions

• The Employer will make only legally permissible deductions from the Employee’s wages.
• Option A: Deductions for uniform costs will be limited to the extent permitted by Hawaii law.
• Option B: Deductions for meals will be [Meal Deduction Details], if applicable and permissible.
• No deductions will be made for breakage or cash shortages, except as permitted by Hawaii law.

7. Pay Cycle and Pay Stubs

• The Employee will be paid [Frequency of Pay, e.g., bi-weekly].
• Pay stubs will include all information required by Hawaii law, including gross wages, deductions, and net pay.

8. Meal and Rest Periods

• The Employee is entitled to a minimum 30-minute meal break for shifts over 5 hours, unless a specific exception applies under Hawaii law.
• The Employee is entitled to a 10-minute rest period for every 4 hours worked, as required by Hawaii law.

9. Employee Benefits

• Option A: The Employer provides health insurance in compliance with Hawaii’s Prepaid Health Care Act (PHCA).
  • Details of Coverage: [Details of Coverage]
• Option B: The Employee will be eligible for vacation and paid sick leave in accordance with Hawaii law and Employer policy.
  • Accrual Rates: [Vacation and Sick Leave Accrual Rates]
• Option C: The Employer provides meals or meal discounts.
  • Details: [Meal/Discount Details]
• Option D: The Employer observes the following state holidays: [List of Holidays].
• Option E: The Employer offers a retirement savings plan.
  • Details: [Retirement Plan Details]
• Option F: The Employer offers a commuter or parking allowance.
  • Details: [Commuter/Parking Allowance Details]

10. Tip Reporting and Tax Withholding

• The Employee is responsible for accurately reporting all tips to the Employer and to the IRS and Hawaii Department of Taxation.
• The Employer will withhold all applicable taxes from the Employee’s wages, as required by law.

11. Employment Policies

• Eating and drinking in customer areas are prohibited, unless specifically permitted by the Employer.
• The Employee must comply with all health and safety rules mandated by the Hawaii Department of Health.
• The Employer maintains a drug and alcohol-free workplace.
  • Details: [Drug and Alcohol Policy Details]

12. Harassment and Anti-Discrimination

• The Employer prohibits harassment and discrimination based on race, gender, age, ancestry, marital status, sexual orientation, gender identity/expression, arrest/court record, disability, domestic/sexual violence victim status, or any other protected characteristic under Hawaii law.
• The Employer is committed to cultural sensitivity in serving Hawaii’s diverse population.

13. Alcohol Service Requirements

• The Employee must maintain a valid Hawaii alcohol server education certification.
• The Employee is responsible for complying with all local open-container and underage drinking laws.
• The Employee must immediately report any suspected violations of alcohol service laws.

14. Behavioral and Appearance Standards

• The Employee must maintain a professional demeanor and appearance at all times.
• The Employee will use respectful language and customs when interacting with guests.

15. Confidentiality

• The Employee agrees to maintain the confidentiality of customer data, business information, and reservation systems.

16. At-Will Employment

• The Employee’s employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to applicable laws.
• Option A: This at-will employment agreement is subject to the terms of any applicable collective bargaining agreement.

17. Resignation and Termination

• The Employee agrees to provide [Number] weeks’ written notice of resignation.
• Upon termination, the Employee will receive their final paycheck no later than the next regularly scheduled payday, as required by Hawaii law.
• The Employer may terminate the Employee’s employment immediately for misconduct, as defined by Employer policy.

18. Attendance and Punctuality

• The Employee is expected to be on time and prepared for all scheduled shifts.
• The Employee must follow the Employer’s call-in procedures if unable to work a scheduled shift.
• Consequences for unexcused absences or tardiness may include disciplinary action, up to and including termination.

19. Workplace Safety

• The Employee will follow all workplace safety procedures, including hurricane/tsunami/fire evacuation plans.
• The Employee will report any unsafe conditions or injuries to their supervisor immediately.

20. Training

• The Employee will participate in all required training, including food handler and alcohol awareness classes.

21. Workers’ Compensation

• The Employee is covered by the Employer’s workers’ compensation insurance, as required by Hawaii law.

22. Non-Solicitation and Confidentiality

• During employment and for a period of [Number] months following termination, the Employee will not solicit employees or customers of the Employer.
• The Employee will continue to maintain the confidentiality of the Employer’s trade secrets and confidential information.
• Option A: In accordance with HRS 480-4, this section does not include any non-compete clauses.

23. Tip Disputes and Customer Complaints

• The Employee will follow the Employer’s procedures for handling tip disputes and customer complaints.

24. Employee Property

• The Employer is not responsible for lost or stolen personal property of employees.

25. Leave of Absence

• The Employee may be eligible for leave under the Hawaii Family Leave Law (HFLL), temporary disability insurance (TDI), and other applicable laws.
  • Details: [Leave of Absence Details]

26. Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiations.
• Option A: If negotiations are unsuccessful, the parties agree to submit the dispute to mediation in Hawaii.
• Option B: If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in Hawaii.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.

27. Equal Employment Opportunity

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, gender, age, ancestry, marital status, sexual orientation, gender identity/expression, arrest/court record, disability, domestic/sexual violence victim status, or any other protected characteristic under Hawaii law.

28. Cultural Observances

• The Employer is committed to fostering a workplace that respects cultural observances and customs.

29. Amendment

• This Agreement may be amended only in writing, signed by both parties.

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]