Kentucky restaurant server employment contract template

Kentucky Restaurant Server Employment Contract

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

• [Restaurant Legal Business Entity Name], a [Business Structure, e.g., Corporation] organized and existing under the laws of the Commonwealth of Kentucky, with its principal place of business at [Restaurant Address], [Restaurant Phone Number], [Restaurant Email Address] (hereinafter referred to as "Employer"),
• and
• [Employee Name], residing at [Employee Address], with phone number [Employee Phone Number], and email address [Employee Email Address] (hereinafter referred to as "Employee").

1. Position

• Full-Time Restaurant Server
  • Option A: The Employee is hired as a full-time Restaurant Server.
  • Option B: The Employee is hired as a full-time Restaurant Server, subject to a [Number]-day probationary period.

2. Job Duties and Responsibilities

• Greeting and seating guests.
• Presenting menus and taking food and beverage orders.
• Relaying specials and allergen information accurately to guests.
• Advising guests on menu items and Kentucky alcoholic beverage laws.
• Relaying orders to the kitchen and bar staff.
• Serving food and drinks in a timely and professional manner.
• Checking customer satisfaction throughout the dining experience.
• Processing guest complaints effectively and efficiently.
• Handling cash and credit card payments accurately and providing correct change.
• Using point-of-sale (POS) systems for order entry and payment processing.
• Preparing itemized receipts for guests.
• Upholding Kentucky Health Department and food safety standards at all times.
• Strict adherence to alcohol service regulations and minimum drinking age laws, as enforced by the Kentucky ABC.
• Enforcing ID checks for all guests who appear to be under the age of [Age].
• Clearing and bussing tables promptly after guests depart.
• Resetting dining areas to ensure they are clean and presentable.
• Maintaining cleanliness of work areas, including server stations and dining room.
• Setting up and breaking down server stations.
• Restocking condiments, tableware, and other supplies as needed.
• Assisting with opening and closing duties as assigned.
• Actively participating in required server meetings and training sessions as mandated by Kentucky restaurant practice.

3. Reporting Structure

• The Employee will report directly to the [Restaurant Manager Name], or in their absence, the designated Shift Lead.
  • Option A: Restaurant Manager.
  • Option B: Shift Lead.

4. Work Location

• The primary work location is [Restaurant Address].
  • Option A: The Employer may assign the Employee to other restaurant locations within Kentucky.
  • Option B: The primary work location only is specified.

5. Work Hours and Scheduling

• The Employee is hired as a full-time employee and is expected to work approximately [Number] hours per week.
  • Option A: The Employee's schedule will be determined by the Employer and may vary based on business needs.
  • Option B: Requests for time off must be submitted at least [Number] days in advance to the [Designated Manager].

6. Compensation and Tip Policy

• The Employee will be paid an hourly rate of [Dollar Amount], which is at least the current Kentucky tipped minimum wage.
  • Option A: The Employee is required to report all tips received to the Employer.
  • Option B: The restaurant practices tip pooling, and tips will be distributed according to the restaurant's policy. The tip pool includes [Positions sharing tips].

7. Pay Period

• The Employee will be paid [Weekly/Bi-Weekly].
  • Option A: Weekly on [Day of the week].
  • Option B: Bi-Weekly on [Day of the week].

8. Overtime

The Employee is eligible for overtime pay at a rate of one and one-half times their regular hourly rate for all hours worked over 40 in a workweek, in accordance with Kentucky and FLSA regulations.

9. Benefits

[Specify benefits package details, e.g., health insurance, paid time off, meal discounts, uniform allowance. If no benefits are provided, state "No benefits are provided."].

• Option A: Employee is eligible for health insurance after [Number] days of employment.
• Option B: Employee will receive a meal discount of [Percentage]%.

10. Workers' Compensation

The Employer maintains workers' compensation insurance as required by Kentucky law. The Employee must report any workplace injuries or illnesses to [Designated Manager] immediately.

11. Alcoholic Beverage Control Compliance

The Employee is responsible for complying with all Kentucky Board of Alcoholic Beverage Control (ABC) rules and regulations.

• Option A: The Employee is required to obtain and maintain a valid ABC Server License, if required by local ordinance.
• Option B: The Employee must successfully complete the employer's provided alcohol service training program.

12. Hygiene and Appearance

The Employee must adhere to the Employer's hygiene and appearance standards, including wearing the required uniform and maintaining a clean and professional appearance.

• Option A: Uniform provided by the employer.
• Option B: Uniform allowance of [Dollar Amount] per [Time Period] will be provided.

13. Training Programs

The Employee is required to participate in all mandatory training programs, including anti-harassment, anti-discrimination, and food safety training.

14. Confidentiality

The Employee agrees to maintain the confidentiality of all non-public customer data, credit card information, and proprietary restaurant processes or recipes.

15. Conduct and Discipline

The Employee is expected to maintain professional conduct at all times.

• Option A: The Employer may take disciplinary action, up to and including termination, for any violation of company policies.
• Option B: Progressive discipline will be used before termination in most circumstances.

16. At-Will Employment

This is an at-will employment relationship, 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 Kentucky law.

17. Termination

Upon termination of employment, the Employee will receive their final paycheck within the time frame required by Kentucky law, and must return all uniforms and restaurant property.

• Option A: The Employer may provide [Number] days' notice of termination.
• Option B: No notice is required.

18. Non-Solicitation and Non-Disparagement

The Employee agrees not to solicit employees or customers of the Employer for a period of [Number] months following termination of employment. The Employee agrees not to disparage the Employer.

19. Reporting Concerns

The Employee is encouraged to report any workplace complaints or hazards to [Designated Manager]. The Employer will not retaliate against any employee for reporting such concerns.

20. Equal Employment Opportunity

The Employer is an equal opportunity employer and complies with all applicable Kentucky and federal anti-discrimination laws.

21. Acknowledgment

The Employee acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.

22. Age Affirmation

The Employee affirms that they are at least [Age, 20 or 21] years of age and legally authorized to serve alcohol in accordance with Kentucky law.

23. Dispute Resolution

Any disputes arising under this Agreement shall be resolved in the [County Name] County, Kentucky.

• Option A: Through mediation before resorting to litigation.
• Option B: Through binding arbitration.

24. Amendment

The Employer may amend this Agreement in accordance with changes in Kentucky law, local health department mandates, or ABC regulations, with reasonable employee notification.

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

Employer:

[Restaurant Legal Business Entity Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Signature: ____________________________

Employee:

[Employee Name]

Signature: ____________________________