Idaho restaurant server employment contract template

Idaho Restaurant Server Employment Agreement

This Full-Time Idaho Restaurant Server Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between:

[Restaurant Legal Entity Name], a [State] [Entity Type] with its principal place of business at [Restaurant Address] (“Employer”), and

[Employee Full Name], residing at [Employee Address] (“Employee”).

WHEREAS, Employer desires to employ Employee as a Restaurant Server, and Employee desires to be employed by Employer in such capacity, the parties agree as follows:

1. Employment.

• The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Restaurant Server. Employee's internal job code is [Job Code, if applicable].

2. Job Description.

• Employee shall perform the following duties:
  • Greeting and seating guests.
  • Presenting and explaining menu items and daily specials.
  • Taking food and beverage orders accurately and efficiently.
  • Inputting orders into the Point-of-Sale (POS) system.
  • Serving food and beverages to guests in a timely manner.
  • Checking guest identification for alcoholic beverage service in compliance with Idaho law.
  • Handling guest inquiries and complaints professionally and efficiently.
  • Clearing tables and resetting stations promptly.
  • Processing payments and credit card transactions accurately, including making change.
  • Promoting daily specials and upselling menu items.
  • Following opening, closing, and side work procedures as assigned.
  • Maintaining cleanliness and adhering to all health code standards as required by the Idaho Department of Health & Welfare.
  • Assisting with inventory, stocking, and other side work as directed by management.

3. Work Location.

• Employee’s primary work location will be at [Restaurant Address].
  • Option A: Employee may be required to work occasionally at off-site catering events or other locations as assigned by the Employer with reasonable notice. The address is [Catering/Event Address].
  • Option B: Employee will not be required to work at off-site catering events or other locations.

4. Reporting Structure.

• Employee shall report to [Shift Manager Name/Restaurant Manager Name], or their designee. Employee is expected to collaborate effectively with kitchen staff, bar staff, and other team members.

5. Dress Code and Hygiene.

• Employee shall adhere to the Employer's dress code, which is [Dress Code Details].
  • Option A: The employer will provide a uniform.
  • Option B: The employee is responsible for providing their own uniform.
• Employee shall maintain high standards of personal hygiene and food safety as required by the Idaho Department of Health & Welfare and Employer policy.

6. Training and Certification.

• Employee is required to obtain and maintain a valid Idaho Food Handler’s Certificate.
  • Option A: Employer will reimburse the cost of the certificate upon successful completion.
  • Option B: Employee is responsible for the cost of the certificate.
• Employee will comply with all restaurant and state health standards. Employee may also be required to complete Responsible Beverage Service training.

7. Employment Type and Schedule.

• Employee is employed on a full-time basis.
• The expected weekly hours are approximately [Number] hours.
• Employee’s work schedule will be [Default Schedule/Rotating Schedule Details].
• Break and meal periods will be provided at the Employer’s discretion, in accordance with Idaho labor norms.
• Employee is expected to maintain regular attendance and punctuality.
• Overtime will be paid at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked in excess of forty (40) in a workweek, as required by the Fair Labor Standards Act (FLSA).
• Employee is required to provide [Number] hours/days’ notice for shift changes or requests for time off, or follow the company's shift-swap procedures as outlined in the employee handbook.

8. Compensation.

• Employee’s hourly wage is [Dollar Amount].
• Employee is a tipped employee. Employer will comply with Idaho minimum wage requirements for tipped employees, including ensuring that Employee’s actual earnings (including tips) meet or exceed the standard minimum wage.
• Option A: Tip pooling/sharing is in effect. The details of the tip pool are [Tip Pool Details].
• Option B: No tip pooling/sharing is in effect.
• Employee is responsible for accurately reporting all tips earned.
• Pay periods are [Frequency, e.g., bi-weekly] and payment will be made by [Method, e.g., direct deposit, check].
• The overtime pay rate is one and one-half (1.5) times the Employee’s regular hourly rate.
• Option A: A service charge or auto-gratuity of [Percentage]% will be added to certain orders (e.g., large parties). Distribution of the service charge will be: [Details on Service Charge Distribution].
• Option B: No service charge or auto-gratuity will be added to orders.

9. Benefits.

• Option A: Employee is eligible for health/vision/dental insurance after [Waiting Period].
  • The employer will contribute [Amount]% to the health insurance plan.
• Option B: Employee is not eligible for health/vision/dental insurance.
• Option A: Employee is eligible for paid time off (PTO), including vacation and sick leave, accruing at a rate of [Accrual Rate].
• Option B: Employee is not eligible for paid time off.
• Option A: Employee is eligible for paid holiday pay for the following holidays: [List of Holidays].
• Option B: Employee is not eligible for paid holiday pay.
• Option A: Employee will receive a uniform allowance/maintenance of [Dollar Amount] per [Pay Period].
• Option B: Employee will not receive a uniform allowance/maintenance.
• Option A: Employee is eligible for a shift meal or meal discount of [Discount Percentage or Details].
• Option B: Employee is not eligible for a shift meal or meal discount.
• Option A: Employee is eligible to participate in the company’s optional retirement plan after [Waiting Period].
• Option B: Employee is not eligible to participate in the company’s optional retirement plan.
• Option A: The employer will offer the following perks: [List of Perks].
• Option B: The employer will not offer any additional perks.

10. Payroll Deductions.

• Payroll deductions will be made for applicable federal and state taxes, Social Security, Medicare, and any optional deductions authorized by the Employee.

11. At-Will Employment.

• 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 or notice, except as prohibited by federal or state law.

12. Equal Employment Opportunity and Anti-Harassment Policy.

• Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by law.
• Employer has a zero-tolerance policy for workplace violence, harassment, or discrimination, including by patrons. This includes harassment based on any protected characteristic listed above.
• Employer will provide reasonable accommodations for employees with disabilities or religious observances, consistent with applicable law.

13. Occupational Health and Safety.

• Employer will maintain a safe working environment in compliance with OSHA and Idaho-specific restaurant safety requirements. This includes providing training on proper lifting techniques, handling glassware, and reporting workplace injuries.
• Employee is responsible for reporting all workplace injuries to their supervisor immediately.
• Employer will comply with all documentation and reporting requirements for on-the-job injuries as per Idaho Industrial Commission regulations.

14. Standards of Conduct.

• Employee is expected to maintain professional conduct, reliability, teamwork, and courtesy to guests and colleagues.
• Employee is prohibited from using drugs or alcohol during work hours, including compliance with Idaho laws regarding serving alcohol.
• The following are grounds for disciplinary action or immediate termination: theft, gross misconduct, serving alcohol to minors, repeated no-shows, criminal activity on the premises, violation of the anti-harassment policy, or any other violation of company policy.

15. Confidentiality.

• Employee agrees to maintain the confidentiality of any proprietary business information, customer data, or recipes.
• Option A: Employee is prohibited from engaging in outside employment or solicitation during working hours.
• Option B: Employee is permitted to engage in outside employment or solicitation during working hours, as long as it does not interfere with their job performance.

16. Personal Devices and Social Media.

• Use of personal devices during work hours is limited to [Permitted Use/Prohibited Use].
• Employee shall not post photos or videos of guests or restaurant operations on social media without express consent.

17. Termination.

• For voluntary resignation, Employee shall provide [Number] days’ written notice. Final pay will be issued on the next regular payday following the termination date, as required by Idaho law.
• In the event of involuntary termination, Employer will provide documentation and issue the last wage payment in accordance with Idaho law.
• Upon termination, Employee shall return all uniforms and restaurant property.
• In the event of reduction of hours, layoff or closure, the employer will follow standard company protocols and legal requirements.
• Accrued and unused PTO (if applicable) will be paid out in accordance with Idaho law and company policy.
• Employee is eligible to file for unemployment insurance benefits, subject to the eligibility requirements of the Idaho Department of Labor.

18. Non-Compete and Non-Solicitation.

• Idaho law generally disfavors non-compete and non-solicitation clauses for restaurant servers. Any such clause must be narrowly and reasonably drafted.
  • Option A: Employee is subject to a non-compete agreement for [Number] months within a [Number] mile radius of the restaurant.
  • Option B: Employee is not subject to a non-compete agreement.

19. Training and Compliance.

• Employee is required to participate in ongoing food safety training, alcohol service training (if applicable), and emergency procedures training.
• Opportunities for advancement and performance review procedures will be discussed with the Employee.

20. Dispute Resolution.

• In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation and mediation.
• If negotiation and mediation are unsuccessful, any legal action shall be brought in a court of competent jurisdiction in [County Name] County, Idaho, and governed by the laws of the State of Idaho and applicable federal law.
• Nothing in this Agreement shall be construed as a waiver of any rights under the Fair Labor Standards Act.

21. Workers’ Compensation.

• Employer maintains workers’ compensation insurance coverage as required by Idaho law. Employee is required to report any work-related injury to their supervisor immediately.

22. Guest Injuries and Incidents.

• Employee shall follow company policy for addressing guest injuries, accidents, or major incidents in the restaurant, including documenting the incident and notifying management immediately.

23. Acknowledgments.

• Employee acknowledges receipt of the Employee Handbook, the Employer’s Anti-Harassment Policy, and training on workplace safety.

24. Entire Agreement.

• This Agreement constitutes the entire agreement between the parties relating to the employment of the Employee and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• This Agreement may be amended only by a written instrument signed by both parties.

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

[Restaurant Legal Entity Name]

By: [Signature of Employer Representative]

[Printed Name of Employer Representative]

[Title of Employer Representative]

[Employee Full Name]

By: [Signature of Employee]

[Printed Name of Employee]