Indiana restaurant server employment contract template

Full-Time Indiana Restaurant Server Employment Contract

Effective Date: [Date]

This Full-Time Indiana Restaurant Server Employment Contract ("Agreement") is made and entered into as of the Effective Date by and between:

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

WHEREAS, Employer desires to employ Employee as a Restaurant Server, and Employee desires to be so employed;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Position and Duties

• Restaurant Server
• Employee is hired as a Restaurant Server and will report directly to the [Service Manager Name/General Manager Name].
• Employee will perform the following duties specific to Indiana restaurant service, including but not limited to:
• Greeting and seating guests.
• Taking and accurately entering food and beverage orders into the POS system.
• Relaying orders to the kitchen and bar staff.
• Serving food and drinks to guests in a timely and professional manner.
• Clearing tables and maintaining a clean dining area.
• Accurately presenting and processing guest checks, handling cash, credit card payments, and tips in accordance with Indiana law.
• Adhering to all health and sanitation protocols as mandated by the Indiana State Department of Health.
• Monitoring customer alcohol consumption and refusing service when legally required.
• Checking identification to verify legal drinking age and upholding all Indiana server alcohol service laws.
• Maintaining a clean and organized work environment.
• Complying with all restaurant policies and procedures.
• Attending mandatory staff meetings.
• Participating in restaurant-side duties, such as restocking supplies and performing opening/closing procedures.
• Working as a team with other staff members to ensure excellent customer service.

Work Location

• Primary Location
• The primary work location will be at [Restaurant Address], Indiana.
• Multi-Location
• Option A: Employee may be required to work at other restaurant locations within [City/County], Indiana, as needed.
• Option B: Employee will work exclusively at the primary work location.

Work Schedule and Hours

• Full-Time Status
• Employee is classified as a full-time employee and is expected to work a minimum of [Number] hours per week.
• Weekly Schedule
• The employee's typical weekly schedule will be [Days of the week] with shifts typically scheduled between [Start Time] and [End Time]. The schedule is subject to change based on business needs.
• Shift Patterns
• Employee is expected to work evenings, weekends, and holidays as required.
• Shift Swaps and Time-Off Requests
• All shift swaps and time-off requests must be submitted to the [Service Manager Name/General Manager Name] at least [Number] days in advance and are subject to approval.
• Breaks:
• Employer policy is that employees working longer than [number] hours are entitled to a [number] minute unpaid break.

Compensation

• Wage Structure
• Employee will be paid an hourly rate of [Dollar Amount] per hour.
• Employee acknowledges they meet the Indiana minimum wage of $7.25/hour.
• Tipped Employee Status
• Option A: Employee is considered a tipped employee under Indiana law and will receive a base hourly rate of [Dollar Amount] per hour (which meets or exceeds the Indiana tipped minimum wage of $2.13/hr). The employer will take a tip credit up to the difference between the cash wage paid and the full minimum wage.
• Option B: Employee is not a tipped employee and will receive the full Indiana minimum wage.
• Tip Pooling/Sharing
• Option A: Employee participates in a mandatory tip pool/sharing arrangement with [Specify who participates in the tip pool] in accordance with Indiana and federal law. The specific details of the tip pool are outlined in the restaurant’s tip pool policy, which is available for review.
• Option B: Employee does not participate in a tip pool.
• Tip Reporting
• Employee is responsible for accurately reporting all tips received to the Employer in accordance with Indiana and federal law.
• Payment Timeline
• Employee will be paid [Frequency - e.g., bi-weekly] on [Day of the week].
• Overtime Pay
• Employee will be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek, in compliance with the Fair Labor Standards Act (FLSA) and Indiana law.
• Employee must have managerial approval before working any overtime.

Benefits

• Benefits Eligibility
• Employee is eligible for the following benefits after [Number] days of employment:
• Option A: Group Health Insurance
• Option B: Group Dental Insurance
• Option C: Group Vision Insurance
• Option D: 401(k) or Pension Plan
• Option E: Paid Time Off (PTO) - [Number] days per year.
• Option F: Paid Indiana Holidays - [List Holidays]
• Option G: Sick Leave - [Number] days per year.
• Option H: Unpaid Leave (subject to Employer policy)
• Specific details regarding eligibility, coverage, and cost-sharing will be provided in the employee benefits summary.

Uniform and Appearance Standards

• Uniform Requirements
• Employee is required to wear the designated restaurant uniform while on duty.
• Uniform Costs
• Option A: Employer will provide and maintain the uniform at no cost to the employee.
• Option B: Employee is responsible for purchasing and maintaining the uniform.
• Cleaning
• Option A: Employer will provide for the cleaning of the uniform.
• Option B: Employee is responsible for cleaning their uniform.
• Note: Deductions for damaged or lost uniforms will only be made with written employee consent and in accordance with FLSA regulations.
• Personal Hygiene
• Employee must maintain a high standard of personal hygiene, including regular bathing, clean hair, and trimmed nails, in accordance with Indiana Health Code.

Workplace Safety and Sanitation

• Compliance
• Employee must comply with all workplace safety, sanitation, and food handling requirements as outlined in Indiana food service regulations and restaurant policies. This includes, but is not limited to, proper dishwashing procedures, glove use, hair restraints, and handwashing protocols.
• Training
• Employer will provide necessary training on workplace safety, sanitation, and food handling procedures, and will post Indiana Occupational Safety and Health (IOSHA) notifications as required by law.
• Reporting:
• Employees should report any concerns to management immediately.

Certifications

• Required Certifications
• Employee is required to obtain and maintain the following certifications:
• Indiana Responsible Alcohol Server Training (RAST) Certification.
• Food Handler Permit (if required by local Indiana jurisdiction).
• Maintenance
• Employee is responsible for renewing certifications as required. Failure to maintain valid certifications may result in [Consequences - e.g., unpaid suspension, termination].

Tip Ownership and Handling

• Tip Ownership
• All tips received by the employee, whether in cash or added to credit card payments, are the sole property of the employee, subject only to lawful tip pooling or declared deductions.
• Tip Theft
• Employer has a zero-tolerance policy for tip theft by management or other employees, in compliance with Indiana and federal wage laws.
• No Deductions
• Employer will not take any deductions from employee's pay without express written consent unless otherwise required by Indiana law.

Anti-Discrimination and Harassment

• Compliance
• Employer is committed to providing a workplace free of discrimination and harassment in compliance with all applicable Indiana and federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Indiana Civil Rights Act.
• Respectful Workplace
• Employer is committed to fostering a respectful and inclusive workplace.
• Complaint Procedures
• Employee should report any instances of discrimination or harassment to [Designated Contact Person/Department]. Employer will promptly investigate all complaints and take appropriate corrective action.

Behavioral Expectations

• Employee Conduct
• Employee is expected to adhere to the following behavioral expectations:
• Punctuality: Arrive on time for all scheduled shifts.
• Customer Courtesy: Treat all customers with courtesy and respect.
• Alcohol Laws: Comply with all Indiana alcohol laws and restaurant policies regarding alcohol service.
• No Outside Food/Drink: Refrain from bringing outside food or drinks onto the premises.
• No Substance Use: Refrain from using alcohol or illegal substances while on duty.
• No Unauthorized Cash Handling: Handle cash and payments only as authorized by restaurant policy.
• Reporting: Immediately report any accidents, injuries, equipment damage, or customer complaints to management.

Use of Employer Property

• Proper Use
• Employee is responsible for the proper use and care of all employer property, including point-of-sale terminals, aprons, and other equipment.
• Return of Property
• Upon termination of employment, employee must return all employer property in good condition.

Social Media and Outside Work Policies

• Social Media
• Employee must adhere to the restaurant's social media policy, which prohibits the posting of confidential information or disparaging remarks about the restaurant or its employees.
• Customer Solicitation
• Employee is prohibited from soliciting customers for personal gain or for other businesses while on duty or representing the restaurant.
• Outside Work
• [Choose ONE:]
• Option A: Employee is free to engage in outside work, provided it does not conflict with their duties to the employer or violate any non-compete agreements (see below).
• Option B: Employee must obtain written consent from the Employer before engaging in any outside work that is similar to the services provided by the Employer.

Policy Violations and Disciplinary Procedures

• Disciplinary Action
• Violations of restaurant policies or this agreement may result in disciplinary action, up to and including termination of employment.
• Progressive Discipline
• Employer follows a progressive disciplinary process, which may include verbal warnings, written warnings, suspension, and termination.

Termination of Employment

• At-Will Employment
• Option A: 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, subject to applicable Indiana law.
• Option B: Employment is subject to a "just cause" termination, as defined by [cite definition within this contract or existing handbook].
• Voluntary Termination
• Employee must provide [Number] days written notice of resignation.
• Involuntary Termination
• Employer may terminate the employment relationship for cause, including but not limited to violation of company policy, insubordination, or unsatisfactory performance.
• Final Paycheck
• Upon termination, employee will receive their final paycheck, including all earned wages and accrued vacation time (if applicable), on the next regular payday, as required by Indiana law.
• Uniform Returns
• Employee must return all uniforms and other company property upon termination.

Non-Solicitation and Non-Disclosure

• Confidential Information
• Employee acknowledges that during their employment, they may have access to confidential business information, including customer data, menu recipes, and trade secrets.
• Non-Disclosure
• Employee agrees not to disclose any confidential information to any third party during or after their employment.
• Non-Solicitation
• For a period of [Number] months following termination of employment, employee agrees not to solicit employees of the Employer to work for a competing business.
• Enforceability
• The parties agree this covenant will be reasonably enforced to protect the restaurant's legitimate business interests and will be considered under Indiana law for reasonable scope and duration.

Non-Compete

• [Choose ONE:]
• Option A: Due to Indiana public policy and the FTC's position on non-compete agreements for restaurant servers, the parties agree that no non-compete restrictions will be in effect for this employment.
• Option B: Employee agrees that for [Number] months after the end of their employment, they will not work as a server for another restaurant within [Number] miles of Employer's location.

Dispute Resolution

• Internal Complaint Handling
• Employee agrees to first attempt to resolve any disputes or grievances through the Employer's internal complaint procedures.
• Mediation/Arbitration
• Option A: Employee and Employer agree to submit any disputes arising out of or relating to this agreement to mediation in [City], Indiana, before initiating any legal action.
• Option B: Employee and Employer agree to submit any disputes arising out of or relating to this agreement to binding arbitration in [City], Indiana, in accordance with the rules of the American Arbitration Association.
• Governing Law
• This agreement shall be governed by and construed in accordance with the laws of the State of Indiana.
• Venue
• Any legal action arising out of or relating to this agreement shall be brought in the state or federal courts located in [County], Indiana.

Workers' Compensation

• Insurance Coverage
• Employer maintains up-to-date workers' compensation insurance coverage as required by Indiana law.
• Employee Rights
• Employee is aware of their rights and obligations under Indiana workers' compensation law.

Record Keeping

• Timecards
• Employee is responsible for accurately completing their timecard for each shift.
• Tip Reporting
• Employee is responsible for accurately reporting all tips received to the Employer.
• Leave Documentation
• Employee must properly document all paid and unpaid leave taken.
• Record Formats
• Employee consents to the use of electronic or paper record formats for all employment-related documents, as permitted by Indiana law.

Union Status

• [Choose ONE:]
• Option A: This position is not subject to a collective bargaining agreement.
• Option B: This position is covered by a collective bargaining agreement with [Union Name].

Personnel File Inspection

• Right to Inspect
• Employee has the right to inspect and copy their personnel file as specified under Indiana Code.

Electronic Signatures

• Agreement
• The parties agree that this agreement may be signed electronically and that electronic signatures shall have the same force and effect as original signatures.

Custom Additions

• [Add any specific training program participation, staff meal discounts, uniform allowance, or restaurant-specific standards here.]
• [Custom Addition 1]
• [Custom Addition 2]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

____________________________

[Restaurant Legal Entity Name]

By: ____________________________

[Restaurant Representative Name and Title]

____________________________

[Employee Full Legal Name]