Kansas restaurant server employment contract template

Kansas Restaurant Server Employment Contract

This Kansas Restaurant Server Employment Contract (the “Agreement”) is made and effective as of [Date], and signed on [Date], by and between [Restaurant Legal Entity Name], located at [Restaurant Address], represented by [Registered Representative Name] (the “Employer”), and [Employee Full Legal Name], residing at [Employee Residential Address] (the “Employee”).

1. Position

The Employee is hired as a Restaurant Server.

Duties:

• Greeting and seating guests.
• Presenting menus and taking food and beverage orders.
• Communicating menu knowledge, including specials, ingredients, and allergen information.
• Relaying orders to kitchen/bar staff.
• Serving food and drinks at table-side.
• Checking guest identification for alcohol service in compliance with Kansas liquor laws.
• Replenishing drinks and ensuring customer satisfaction.
• Handling and resolving guest complaints following restaurant policy.
• Maintaining cleanliness and sanitation standards of assigned work areas.
• Processing guest payments with point-of-sale systems.
• Accurately handling cash and credit transactions.
• Complying with all Kansas Department of Agriculture Food Safety Regulations and internal restaurant protocols.

Reporting Line: The Employee will report to [Manager/Supervisor Name].

Teamwork Expectations: The Employee is expected to work effectively with kitchen, bussing, and bar staff.

Training: The Employee is required to attend pre-shift briefings and training sessions.

2. Work Location

Primary Work Location: [Restaurant Address]

Option A: Other Locations/Temporary Assignments: The Employee may be required to work at other locations or temporary assignments as needed. Travel costs, if any, will be reimbursed according to company policy.

Option B: No Other Locations: The Employee will only work at the primary work location.

3. Employment Status and Schedule

Employment Status: Full-time.

Expected Weekly Hours: [Number] hours per week.

Typical Shift Schedule: [Day, Night, Rotating, Weekend Shifts].

Option A: On-call Expectations: The Employee may be required to be on-call. Details regarding on-call expectations will be provided separately.

Option B: No On-call Expectations: The Employee will not be required to be on-call.

Meal and Rest Breaks: The Employee will receive a [Number] minute unpaid meal period and [Number] minute paid rest breaks, in accordance with company policy and applicable Kansas law. Note: Kansas has no mandatory rest breaks, but the employer will comply with its internal policies.

4. Compensation

Hourly Wage: [Dollar Amount] per hour.

Tip Credit: The Employer intends to take a tip credit of [Dollar Amount] per hour, in accordance with KSA 44-1203.

Guaranteed Minimum Earnings: If the Employee's hourly wage plus tips does not meet the applicable minimum wage, the Employer will ensure that the Employee receives at least the minimum wage.

Payment Cycle: [Weekly/Biweekly].

Tip Pooling/Sharing:

Option A: Tip Pooling: The Employee will participate in a tip pool/sharing arrangement. The tip pool/sharing arrangement will be distributed as follows: [Description of Tip Pool Distribution].

Option B: No Tip Pooling: The Employee will not participate in any tip pooling.

Tip Reporting and Distribution Method: [Method of Tip Reporting and Distribution].

Overtime Eligibility: The Employee is eligible for overtime pay at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a workweek, in accordance with Kansas and FLSA overtime rules.

Declared Tips and IRS Reporting: The Employee is required to accurately report all tips received to the Employer, as required by the IRS.

Additional Compensation Elements:

Option A: Bonuses/Incentives: [Description of Bonuses/Incentives].

Option B: No Bonuses/Incentives.

Shift Differentials: [Description of Shift Differentials].

"Comped" Meal Policy: Any comped meals will be reported as income and subject to applicable taxes.

5. Benefits

Health, Dental, Vision Insurance:

Option A: Eligible for health, dental, and vision insurance after [Number] days of employment. Details will be provided separately.

Option B: Not eligible for health, dental, and vision insurance.

Vacation and Sick Leave:

Option A: Vacation and sick leave will accrue according to the company policy, as outlined in the Employee Handbook.

Option B: No vacation or sick leave is provided. Note: While Kansas does not require paid leave, the employer must follow its stated policy.

Holidays: [List of Observed Holidays].

Employee Meal/Discount: The Employee is entitled to [Description of Employee Meal/Discount Policy].

Uniform and Equipment: [Employer/Employee Responsibility for Uniforms and Equipment]. The Employer will comply with KSA 44-1207 regarding wage deductions for uniforms.

Training: Access to food safety, responsible alcohol service, harassment prevention, and customer service training will be provided.

Continuing Education/Advancement Support: [Description of Support for Continuing Education/Advancement].

6. At-Will Employment

Employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice.

Voluntary Resignation: The Employee is requested to provide [Number] weeks' notice of resignation.

Final Compensation: Upon termination, the Employee will receive final compensation in accordance with KSA 44-315.

Return of Property: The Employee is required to return all property, uniforms, and materials owned by the Restaurant upon termination.

7. Behavioral and Performance Standards

Adherence to Internal Policies: The Employee is required to adhere to all internal policies, including those regarding grooming, uniform appearance, personal hygiene, and punctuality.

Compliance with Laws: The Employee is required to comply with all applicable Kansas and municipal health, sanitation, and liquor service laws.

Customer Service Expectations: The Employee is expected to provide excellent customer service.

Prohibition of Intoxication/Substance Use: The Employee is prohibited from being intoxicated or using substances on the premises.

Certification: The Employee is required to participate in food safety and responsible beverage service certification, such as ServSafe or TIPS, as required by the Employer.

Workplace Accidents/Incidents: The Employee is required to report any workplace accidents or incidents immediately.

8. Confidentiality

The Employee is required to maintain the confidentiality of customer information, operational procedures, and trade secrets.

The Employee is prohibited from discussing or posting sensitive material on social media.

9. Tip Reporting and Ethical Conduct

The Employee must accurately report all tips received.

Tip theft or reporting inaccuracies will result in disciplinary action.

The Employee must ethically handle comps, write-offs, and employee discounts.

10. Anti-Discrimination and Anti-Harassment

The Employer is committed to providing a work environment free of discrimination and harassment, in accordance with the Kansas Act Against Discrimination.

The Employee will acknowledge required sexual harassment prevention training.

Grievance/Reporting Processes: [Description of Grievance/Reporting Processes].

11. Alcohol Service

The Employee must comply with all Kansas-specific alcohol service restrictions, including no underage service and required ID checks, per Kansas Department of Revenue Alcoholic Beverage Control regulations.

Violations will result in disciplinary action, up to and including termination.

12. Workplace Safety and Injury Reporting

The Employee must report any workplace injuries immediately.

The Employer will comply with Kansas workers' compensation laws and Kansas Department of Labor safety and health rules for restaurants.

13. Restrictive Covenants

Option A: Non-Compete/Non-Solicitation: To the extent permitted by Kansas law, the Employee agrees to the following restrictive covenants: [Description of Non-Compete/Non-Solicitation Provisions] (Must be reasonable in duration, geography, and scope, and only applied to protect legitimate business interests).

Option B: No Restrictive Covenants. There are no restrictive covenants in this agreement.

14. Dispute Resolution

Any disputes arising out of this Agreement will be resolved through internal complaint mechanisms first, then mediation, arbitration, or, if necessary, litigation, specifying Kansas law and jurisdiction as governing.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

17. Acknowledgement

The Employee acknowledges that they have read and understand this Agreement and have had the opportunity to seek legal advice.

18. Incorporated Documents

The following documents are incorporated by reference: [List of Policy Documents, Employee Handbook, etc. with Attachments or Links].

Employer:

____________________________

[Registered Representative Name]

[Restaurant Legal Entity Name]

Date: ____________________________

Employee:

____________________________

[Employee Full Legal Name]

Date: ____________________________