Iowa restaurant server employment contract template

Iowa Restaurant Server Employment Agreement

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

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

1. Position and Location

• The Employer hires Employee as a full-time Restaurant Server.
• Employee reports to the [Shift Supervisor Title] / [Manager Title].
• Employee’s primary place of work is [Restaurant Name] located at [Restaurant Address in Iowa].
• Option A: Employee may be transferred to other Employer-owned restaurants within Iowa, subject to reasonable notice.
• Option B: Employee will not be transferred to other locations without Employee’s written consent.

2. Job Duties

• The Employee's job duties include, but are not limited to:
• Greeting and seating guests.
• Taking food and beverage orders accurately.
• Demonstrating thorough menu knowledge, including daily specials and allergen information.
• Verifying legal drinking age by checking identification, according to Iowa law.
• Entering orders into the Point of Sale (POS) system correctly.
• Delivering food and beverages accurately and efficiently.
• Addressing and accommodating special dietary needs and allergy requests.
• Practicing safe food-handling procedures as mandated by the Iowa Department of Inspections and Appeals.
• Clearing and resetting tables promptly.
• Processing payments accurately (cash, credit/debit cards, splitting checks).
• Handling gratuities and adhering to all tip reporting and distribution procedures.
• Addressing customer complaints and resolving issues promptly and professionally.
• Assisting with opening and closing duties as assigned.
• Cleaning and restocking front-of-house areas.
• Cooperating with team members to provide exceptional customer service.
• Strictly adhering to hygiene and personal appearance standards.
• Participating in mandatory food safety, responsible alcohol service (Iowa Responsible Beverage Server training), and anti-harassment training.

3. Equipment and Attire

• Employee must wear the prescribed uniform: [Describe Uniform].
• Option A: The Employer will provide the uniform.
• Option B: The Employee is responsible for providing the uniform.
• Employee is responsible for providing and wearing non-slip shoes.
• Aprons will be provided by the Employer.
• Employee is responsible for the safe use and proper maintenance of all provided equipment.

4. Work Schedule and Hours

• This is a full-time position as defined by Iowa law.
• The standard workweek is [Number] hours.
• Employee’s schedule may include day, evening, weekend, and holiday shifts.
• Option A: Shift swapping is permitted with supervisory approval.
• Option B: Shift swapping is not permitted.
• Employees may be required to work overtime as needed.
• All overtime hours worked (over 40 hours in a workweek) will be compensated at a rate of one and one-half (1.5) times the Employee’s regular hourly rate, in accordance with Iowa law.
• Employee will receive meal and break periods as required by Iowa labor laws.

5. Compensation and Tips

• Employee’s base hourly wage is [$ Amount]. (Note: This must be at least Iowa's tipped minimum wage of $4.35 in 2024 if a tip credit is being taken).
• The Employer intends to take a tip credit as permitted by Iowa and federal law. The direct wage and tip credit system is understood by the Employee.
• Employee is responsible for accurately reporting all tips received to the Employer.
• Employee will receive pay statements detailing wages earned and deductions.
• Option A: A mandatory service charge of [Percentage]% is added to certain checks. [State Distribution of Service Charge].
• Option B: There is no mandatory service charge.
• Option A: Tips are pooled as follows: [Describe Tip Pooling Arrangement and who qualifies]. This is in accordance with Iowa and federal law.
• Option B: Tips are not pooled.
• Wages and tips will be paid [Weekly/Bi-weekly] via [Method of Payment, e.g., direct deposit, check].
• Employee must accurately record all hours worked.
• Upon termination of employment, Employee will receive their final paycheck within the time frame required by Iowa law.

6. Benefits

• Option A: Employer-sponsored health insurance is offered to employees who meet the eligibility requirements, with a waiting period of [Number] days/months.
• Option B: Health insurance is not offered.
• Option A: A retirement plan (e.g., 401(k)) is available after [Number] months of employment.
• Option B: A retirement plan is not offered.
• Paid Time Off (PTO): [Describe Vacation, Sick, and Personal Day Policy].
• [List Iowa Recognized Holidays for which employee will receive paid time off]
• Unpaid Leave: Family/Medical leave, jury duty leave will be granted in accordance with applicable Iowa and federal laws.
• Option A: Employee receives a [Percentage]% discount on meals.
• Option B: No meal discounts are provided.
• Option A: Employer provides parking/transportation stipend of [$ Amount].
• Option B: No parking/transportation stipend is provided.
• Option A: Employer will pay for/reimburse cost of food safety and alcohol server certifications.
• Option B: Employee is responsible for certifications.

7. Taxes and Withholdings

• Employer will withhold all applicable federal and Iowa income taxes, Social Security, and Medicare taxes from Employee’s wages.
• Employer will pay unemployment insurance premiums as required by Iowa law.

8. Equal Employment Opportunity

• Employer is an equal opportunity employer and does not discriminate based on race, religion, sex, creed, age, national origin, disability, sexual orientation, gender identity, or any other protected category under Iowa and federal law.

9. Conduct Requirements

• Employee is expected to be punctual and maintain a professional demeanor.
• Employee must provide exceptional customer service.
• Employee must uphold all restaurant work rules and policies.
• Employee is responsible for handling money accurately and responsibly.
• Employee is prohibited from consuming alcohol or using illegal drugs while on duty.
• Option A: Employer reserves the right to conduct random drug testing, as permitted by Iowa law.
• Option B: No random drug testing will be conducted.
• Employee meals and breaks will be taken in accordance with established policies.
• Employee must report all workplace accidents and injuries to management immediately, complying with Iowa’s worker's compensation statutes.

10. Workplace Health and Safety

• Employee must comply with all OSHA and Iowa-specific health code regulations.
• Employee must follow safe lifting and carrying practices.
• Employee must report any safety hazards to management immediately.
• Employer will provide a safe working environment.

11. Confidentiality

• Employee must protect customer credit card information and maintain confidentiality regarding proprietary recipes and menu items.
• Employee must not disclose sensitive personnel matters.
• Employee must not use Employer information for non-work-related purposes.

12. Disciplinary Action

• The Employer has a progressive disciplinary policy, which may include:
• First offense warnings.
• Unpaid suspension.
• Immediate dismissal for serious offenses.
• Zero tolerance for workplace violence, theft, or harassment.

13. Social Media and Outside Employment

• Option A: Employee's social media use related to the restaurant must be pre-approved by management.
• Option B: Employee's social media is unrestricted so long as not defamatory to the restaurant.
• Option A: Outside employment (moonlighting) requires prior written approval from the Employer.
• Option B: Employee is permitted to engage in outside employment as long as it does not interfere with job performance.

14. At-Will Employment

• Employment is at-will, as recognized under Iowa law, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, except as otherwise stated in this agreement.
• Option A: There is a [Number]-day probationary period, during which employment may be terminated with limited notice.

15. Termination of Employment

• Voluntary Resignation: Employee must provide [Number] weeks’ written notice.
• Employer-Initiated Dismissal: [State grounds for dismissal and notice requirements, if any].
• Separation: In the event of a layoff or seasonal reduction, [State process and treatment of benefits].
• Employee’s final paycheck, including any accrued vacation pay, will be paid as required by Iowa law.
• All tips owed to employee at the time of termination will be distributed or settled according to Iowa law and established restaurant policies.
• Employee must return all Employer-owned property (uniforms, equipment, etc.) upon termination.

16. FLSA Status

• Employee is a non-exempt employee under the Fair Labor Standards Act (FLSA).

17. Dispute Resolution

• In the event of a dispute, the parties agree to first attempt to resolve the matter through internal complaint process.
• Option A: If internal resolution fails, the parties agree to mediation.
• Option B: If internal resolution fails, the parties agree to binding arbitration.
• Exclusive jurisdiction and venue for any court disputes shall be in [County Name] County, Iowa.

18. Restrictive Covenants

• [Note: While disfavored in entry-level foodservice in Iowa, include with specific limitations tailored to protect confidential information if desired. Must be reasonable in scope and duration under Iowa law.]
• Option A: Employee agrees not to disclose the Employer’s confidential information (e.g., recipes, customer lists) during or after employment.
• Option B: (With Legal Consultation) Employee agrees not to work for a direct competitor within a [Number]-mile radius for a period of [Number] months after termination of employment.

19. Eligibility to Work

• Employee confirms they are eligible to work in the United States and will complete the required I-9 form.

20. Policy Acknowledgment

• Employee acknowledges that all referenced employment policies are available for review.

21. Child Labor Laws

• If Employee is under 18 years of age, employment is subject to all applicable Iowa child labor laws, including restrictions on work hours and prohibited tasks.

22. Background and Reference Checks

• Option A: Employment is contingent upon successful completion of a background check.
• Option B: No background check is required.

23. Amendments

• This Agreement may be revised to comply with changes in Iowa state or federal labor laws.
• Any waivers or modifications to this Agreement must be in writing and signed by both parties.

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

____________________________
[Restaurant Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]

____________________________
[Employee Full Legal Name]