Maine restaurant server employment contract template

Maine Restaurant Server Employment Contract

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

• [Restaurant Name], a business entity organized under the laws of the State of Maine, with its principal place of business at [Restaurant Address] ("Employer"), and
• [Employee Name], residing at [Employee Address] ("Employee").

Position and Responsibilities

• The Employer hires the Employee as a Full-Time Restaurant Server.
• Employee's responsibilities include, but are not limited to:
• • Option A: Greeting and seating customers.
  • Option B: Presenting menus and offering specials.
  • Option C: Taking food and beverage orders accurately.
  • Option D: Communicating special requests and allergies to kitchen staff.
  • Option E: Serving food and drinks efficiently and courteously.
  • Option F: Clearing tables and maintaining cleanliness.
  • Option G: Processing customer payments (cash and electronic).
  • Option H: Adhering to all Maine alcohol service laws and carding procedures.
  • Option I: Setting up and breaking down workstations.
  • Option J: Maintaining cleanliness in accordance with Maine health code requirements.
  • Option K: Upholding the restaurant's hospitality standards.
  • Option L: Maintaining knowledge of menu items, daily specials, allergens, ingredients, and food handling safety protocols consistent with the Maine Food Code.

Reporting Structure and Work Location

• The Employee will report to:
• • Option A: Shift Supervisor
  • Option B: Floor Manager
  • Option C: General Manager
• The primary work location is: [Restaurant Address] in [City/Town], Maine.
• Option A: The Employee may be required to work at other locations or catering events within [Specify Radius/Region].
• Option B: The Employee may be subject to shift changes based on business needs.

Employment Status and Work Schedule

• Employment is considered Full-Time under Maine law, generally defined as 35-40 hours per week.
• The regular shift pattern will be:
• • Option A: Opening Shifts
  • Option B: Mid Shifts
  • Option C: Closing Shifts
• The Employee will work a minimum of [Number] hours per week.
• The Employer will provide work schedules at least [Number] days in advance, in compliance with any applicable local predictive scheduling ordinances.

Compensation and Tip Policy

• The Employee's direct wage will be [Dollar Amount] per hour, which meets or exceeds Maine's minimum wage and tip credit requirements for tipped employees.
• The Employer claims a tip credit of [Dollar Amount] per hour. If the Employee's tips, combined with the direct wage, do not equal the applicable minimum wage, the Employer will increase the direct wage to meet the minimum.
• Overtime pay will be paid at a rate of one and one-half times the Employee's regular rate of pay for all hours worked over 40 in a workweek, as required by Maine and Federal law.
• Option A: Tip pooling/sharing is required, and the Employee will participate in the following tip pool arrangement: [Describe Tip Pool Arrangement, e.g., All servers pool tips to be distributed based on hours worked].
• • This tip pool arrangement complies with Maine Title 26 Section 664 and relevant DOL regulations.
• Option B: No tip pooling is required. Employee keeps all tips received.

Payment Method and Schedule

• The Employee will be paid by:
• • Option A: Direct Deposit
  • Option B: Check
  • Option C: Paycard
• The Employee will be paid:
• • Option A: Weekly
  • Option B: Bi-weekly
• Upon termination of employment, the Employee's final paycheck, including all earned wages, will be provided within [Number] days or on the next regularly scheduled payday, as required by Maine law.

Meal and Rest Breaks

• The Employee is entitled to a 30-minute uninterrupted rest break for shifts of six hours or more, as mandated by Maine law.
• Option A: The Employee will receive a [Specify Discount/Free Meal] on meals during their shift.
• Option B: The Employee is allowed to utilize the designated employee rest area during breaks.

Benefits

• The Employee is eligible for the following benefits:
• • Option A: Health Insurance (details provided separately).
  • Option B: Dental and Vision Coverage (details provided separately).
  • Option C: Paid Time Off (Vacation/Sick Leave) – Accrual details provided separately.
  • Option D: Maine Statutory Paid Family Medical Leave (effective dates in accordance with Maine law).
  • Option E: Unpaid Leave Rights (details provided separately).
  • Option F: Retirement Plan – [Specify Plan Details, e.g., 401k] (eligibility requirements provided separately).

Uniform and Appearance

• The Employee is required to comply with the Employer's uniform and dress code policy.
• Option A: The Employer will provide the required uniform at no cost to the Employee, as required by Maine law.
• Option B: The Employee is responsible for providing [Specify Items, e.g., black non-slip shoes].
• The Employee must maintain a high standard of personal hygiene and appearance.

Certifications and Training

• The Employee is required to obtain and maintain the following certifications:
• • Option A: Responsible Vendor Program (alcohol server training).
  • Option B: Food Safety Training (ServSafe or equivalent).
• Option A: The Employer will reimburse the Employee for the cost of obtaining and renewing required certifications upon successful completion.

Attendance and Conduct

• The Employee is expected to be punctual and maintain regular attendance.
• The Employee must notify the Employer as soon as possible if unable to work a scheduled shift.
• Option A: The Employee may be required to be "on-call" for certain shifts.
• Option B: The Employee is prohibited from engaging in outside employment that conflicts with their duties at the restaurant.

Tip Reporting

• The Employee is responsible for accurately reporting all tips to the Employer, as required by IRS and Maine Revenue Services regulations.

Grievance Procedure

• The Employee should first attempt to resolve any workplace grievances with their supervisor.
• If the issue cannot be resolved with the supervisor, the Employee may submit a written complaint to [Designated Person/Department].
• The Employer will investigate all complaints promptly and fairly.

Anti-Discrimination and Anti-Harassment Policy

• The Employer is committed to providing a workplace free from discrimination and harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, genetic information, or any other characteristic protected by Maine and federal law.
• The Employer has a zero-tolerance policy for harassment of any kind.

Substance Use Policy

• The Employee is prohibited from being under the influence of alcohol or illegal drugs while working.
• The Employer reserves the right to conduct drug testing in accordance with applicable laws.

Customer Complaint Handling

• The Employee must handle customer complaints professionally and efficiently.
• The Employee should notify their supervisor of any serious customer complaints.

Workplace Safety

• The Employee has the right to refuse to perform work that they believe is unsafe.
• The Employee is responsible for reporting any workplace hazards to their supervisor.
• The Employer complies with all applicable Maine OSHA-adopted standards.

At-Will Employment

• 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 Maine law.
• Option A: Upon separation, the Employee must return all Employer property, including uniforms and any other items.

Restrictive Covenants

• Option A: Non-Solicitation: For a period of [Number] months following termination of employment, the Employee agrees not to solicit the Employer's customers or employees.
• • This clause does not violate Maine Title 26, Section 599-A as the Employee's expected earnings exceed 400% of the federal poverty level.

Data Protection and Confidentiality

• The Employee must maintain the confidentiality of customer credit card information and other sensitive data.
• The Employee must not disclose any internal restaurant recipes or trade secrets.

Workplace Injuries

• The Employee must report any workplace injuries to their supervisor immediately.
• The Employee is entitled to workers' compensation benefits in accordance with Maine law.

Other Policies

• Option A: Tip eligibility for mandatory service charges will be determined by Employer policy.
• Option B: Rounding policies for time-clock punches will be applied fairly and consistently.

Alcoholic Beverage Laws

• The Employee must comply with all Maine Alcoholic Beverages laws, especially regarding sales to minors and visibly intoxicated customers.

Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of this Agreement through good-faith negotiation.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Maine.

Training

• The Employee is required to attend all mandatory training sessions.

Mobile Device Policy

• The Employee's use of mobile devices during work hours is restricted to [Specify Restrictions].

Acceptance

• By signing below, the Employee acknowledges that they have read, understood, and agree to the terms and conditions of this Agreement.

[Restaurant Representative Name]

[Restaurant Representative Title]

[Employee Name]

[Date]