Louisiana restaurant server employment contract template

Louisiana Restaurant Server Employment Contract

This Louisiana Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Restaurant Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Restaurant Address], hereinafter referred to as “Employer,” and [Server Name], residing at [Server Address], hereinafter referred to as “Employee.”

1. Position:

• Option A: Restaurant Server. The Employee is hired as a full-time Restaurant Server.
• Option B: Part-time Restaurant Server. The Employee is hired as a part-time Restaurant Server.
• Option C: Restaurant Server/Trainer. The Employee will be trained and then hired as a Restaurant Server.

2. Job Duties:

• The Employee will perform duties including but not limited to:
• Guest seating and greeting in a timely and friendly manner.
• Presenting menus and providing detailed information about Cajun/Creole cuisine and daily specials.
• Adhering to Louisiana law regarding alcohol service, including checking IDs and Responsible Vendor Program compliance.
• Taking orders and accurately entering them into the POS system.
• Delivering food and beverages promptly and efficiently.
• Addressing special dietary requests and allergies effectively.
• Responding to customer complaints professionally and resolving issues to ensure satisfaction.
• Clearing tables and resetting them for the next guests.
• Processing payments accurately, following Louisiana law regarding credit card tip reporting.
• Participating in shift opening and closing procedures.
• Maintaining cleanliness and sanitation of the work area.

3. Employment Status & Work Schedule:

• Option A: Full-time. Employee's full-time status requires a minimum of 30 hours per week. Typical work schedule is [Days of the week], [Start Time] to [End Time]. Employee must be available for nights, weekends, and holidays.
• Option B: Part-time. Employee's part-time hours will be determined by the needs of the employer. Schedule is subject to change based on restaurant needs.
• Option C: On-call shifts. Employee is available for shifts as needed.

4. Work Location:

• Option A: The primary work location is [Restaurant Address].
• Option B: Employer reserves the right to assign the Employee to other restaurant locations within Louisiana as needed.
• Other Locations: [List other possible work locations]

5. Dress Code & Hygiene:

Employee must adhere to the Employer's dress code, which includes [Detailed Dress Code Description]. Strict adherence to personal hygiene standards is required.

6. Compensation:

• Option A: Hourly Wage. The Employee's hourly wage is [Dollar Amount]. This is the agreed upon hourly rate, which meets Louisiana's tipped minimum wage requirements.
• Option B: Tipped Minimum Wage. The Employee's hourly wage will adhere to Louisiana’s Tipped Minimum Wage requirements.
• Tip Pooling: Tips will be pooled/shared according to the following policy: [Detailed Tip Pooling/Sharing Rules].
• Employee is responsible for declaring all tips as required by law. Employer will apply a “tip credit” as permitted under Louisiana law and the FLSA.
• If tips plus base pay fall below minimum wage, Employer will ensure total earnings meet or exceed minimum wage.

7. Payment & Timekeeping:

The Employee will be paid [Frequency, e.g., Bi-weekly] via [Payment Method, e.g., Direct Deposit].

Employee must accurately record work hours using the Employer’s timekeeping system. Compliance with Louisiana law regarding final paycheck timing upon termination is required.

8. Overtime:

Eligibility for overtime is based on the FLSA. Overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek. All overtime must be approved by a manager.

9. Benefits:

• Option A: Benefits Offered. The employee is eligible for the following benefits: [List Benefits, e.g., Health Insurance, Dental Insurance, Vision Insurance, Workers' Compensation, Employee Meals, Parking Reimbursement, Employee Discounts, Paid Time Off].
• Option B: Benefits Not Offered. The Employee is not eligible for benefits at this time.
• Workers' Compensation: Employee is covered under Louisiana's Workers' Compensation laws.

10. Anti-Discrimination & Harassment:

Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, genetic information, pregnancy, sexual orientation, gender identity (where applicable by local ordinance), or any other protected characteristic under federal or Louisiana law.

• Employer will accommodate religious beliefs in dress, grooming, or scheduling as required by law.

11. Training & Certification:

The Employee is required to obtain and maintain [Specify Required Certifications, e.g., Responsible Vendor Program certification, Food Safety Certification] as required by Louisiana law and local ordinances.

12. Behavioral & Performance Standards:

Employee is expected to provide excellent customer service, collaborate effectively with team members, and uphold local customs of hospitality. Workplace injuries or customer incidents must be reported immediately.

13. Cash Handling & Loss Prevention:

Employee is responsible for accurate cash handling, daily sales reconciliation, reporting accidental breakage/spillage, and following loss prevention procedures.

14. Uniform & Equipment:

Employer will provide the required uniform and equipment [Specify Items, e.g., Apron, POS Device]. Employee is responsible for proper care and return of company property. Employee is responsible for maintaining a valid health certificate or food handler card, if required by local ordinance.

15. At-Will Employment:

This is an "at-will" employment relationship, meaning either party may terminate the employment at any time, with or without cause or notice, subject to the following:

• Notice of Resignation: Employee must provide [Number] days' written notice of resignation.
• Voluntary Separation: Employee will complete all necessary paperwork as required by the employer.
• Termination: Employer may terminate the employment with or without cause.
• Final Pay: Final pay will be calculated and provided according to Louisiana wage payment statutes.

16. Dispute Resolution:

Any disputes arising out of or related to this Agreement will be resolved through good-faith negotiation and mediation, if possible. This Agreement is governed by the laws of Louisiana, and venue for any legal action shall be in [Parish Name] Parish.

17. Breaks & Meal Periods:

Employee is entitled to breaks and meal periods as per Employer’s policy, which complies with FLSA guidelines. [Detail Break and Meal Period Policy]. Consumption of meals and conduct during breaks must adhere to restaurant policies.

18. Data Privacy & Electronic Devices:

Employer will protect Employee's personal data in accordance with Louisiana privacy laws. Cell phone and social media use during work hours is restricted as per Employer’s policy.

19. Confidentiality:

Employee must maintain the confidentiality of customer information, recipes, pricing, supplier terms, and other business information. Non-use of such information after termination is required. Non-compete clauses for restaurant servers are limited under Louisiana law; any enforceable non-solicitation or non-disclosure agreements are attached separately.

20. Health & Safety:

Employee must comply with all relevant Louisiana health and safety regulations and food code requirements, including reporting symptoms of illness.

21. Background Checks:

• Option A: No background check required.
• Option B: A background check may be required as a condition of employment. Employer will comply with Louisiana Ban the Box laws. [Detail Process]

22. Parish-Level Compliance:

This agreement is subject to compliance with all applicable ordinances, rules and customs governing hospitality workers in [Parish Name] Parish, Louisiana.

23. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether oral or written.

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

____________________________
[Employer Representative Name], [Title]
[Restaurant Name]

____________________________
[Employee Name]
Restaurant Server