Maryland restaurant server employment contract template

Maryland Restaurant Server Employment Contract

This agreement is made and entered into as of this [Date] day of [Month], [Year]

BETWEEN:

[Restaurant Name], a [State: Corporation, LLC, Sole Proprietorship, etc.] with its principal place of business at [Restaurant Address, City, State, Zip Code], Maryland (hereinafter referred to as "Employer")

AND

[Employee Full Name], residing at [Employee Address, City, State, Zip Code], Maryland, with phone number [Employee Phone Number] and email address [Employee Email Address] (hereinafter referred to as "Employee").

RECITALS:

WHEREAS, Employer operates a restaurant located in the State of Maryland; and

WHEREAS, Employer desires to employ Employee as a Restaurant Server, and Employee desires to be so employed;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Employment

• The Employer hires the Employee as a "Restaurant Server."
• Option A: Start Date: [Start Date].
• Option B: The employment relationship will commence upon signing of this agreement.

2. Job Responsibilities

• Employee's duties include, but are not limited to:
• Greeting and seating guests.
• Communicating menu knowledge, including allergy and dietary information.
• Accurately taking food and beverage orders.
• Serving food and beverages to guests.
• Explaining special offers and promotions.
• Checking IDs for alcohol service per Maryland alcohol laws.
• Handling cash, credit, and POS systems.
• Following Maryland tip pooling, tip reporting, and wage requirements.
• Clearing and resetting tables.
• Upholding Maryland health, sanitation, and food safety protocols.
• Monitoring guest satisfaction.
• Resolving minor guest complaints.
• Reporting larger guest issues per company chain-of-command protocols.
• Completing side work (opening/closing duties).

3. Training

• Employee is required to complete the following training(s) as a condition of employment:
• Maryland-approved alcohol service training (e.g., TIPS, ServSafe Alcohol) (if applicable).
• Food handler certification.
• Option A: County/City-specific training: [Specific Training Name, if applicable to restaurant's location].
• Option B: No County/City-specific training required.

4. Reporting & Team Service

• Employee reports directly to [Job Title of Supervisor].
• Option A: The restaurant uses a team service model.
  • Details of Team Service Model: [Description of the team service model used].
• Option B: The restaurant does not use a team service model.
• Attendance at pre-shift meetings is mandatory.

5. Work Location & Mobility

• Primary work location: [Restaurant Address, City, State, Zip Code], Maryland.
• Option A: Employee may be required to work at other Maryland locations.
  • Transportation Policy: [Describe any transportation and parking policies if applicable.]
• Option B: Employee will only work at the primary work location.

6. Work Schedule

• This is a full-time position, requiring a minimum of [Number] hours per week.
• Typical work shifts are [List typical shifts, e.g., morning, evening, weekend].
• Scheduling notice: Employees will be given at least [Number] days' notice of their work schedule.
• Rest/break periods will be provided in accordance with Maryland law.
• Option A: Split-shift pay is provided.
  • Details of Split-Shift Pay: [Explain the split-shift pay policy].
• Option B: Split-shift pay is not provided.
• "Clopening" shifts [are/are not] used.
  • If used, "clopening" shifts will adhere to the following standards: [Specific standards or rules about clopening shifts]
• Overtime will be paid at a rate of one and one-half (1.5) times the regular hourly rate for hours worked over 40 in a workweek, excluding any potential tip credit implications.

7. Time Off

• Time off requests must be submitted to [Designated Person/Department] with reasonable advance notice.
• Employee will accrue and use paid sick leave in accordance with the Maryland Healthy Working Families Act and any applicable local ordinances, such as those in Montgomery County.
  • Accrual Rate: [Specify accrual rate based on Maryland law].
  • Carryover Policy: [Specify carryover policy based on Maryland law].
  • Usage Rules: [Specify usage rules, e.g., minimum increments].

8. Compensation

• Hourly rate: [$ Amount] per hour, complying with Maryland's minimum wage for tipped employees.
• Method of Wage Payment: [Check, Direct Deposit, Pay Card].
• Pay Frequency: [Weekly, Bi-weekly, Semi-monthly].
• Tip Policy: Employer adheres to Maryland's "tip credit" rules, providing proper notice.
  • Option A: Tip Pooling is required. Details: [Specify Tip Pooling details].
  • Option B: Tip Pooling is not required.
• Overtime Pay: Paid at time and a half for hours worked over 40 in a workweek.
• Employee is responsible for declaring and reporting tips as required by state and federal law.

9. Employee Benefits

• Mandatory: Maryland-compliant paid sick and safe leave.
• Option A: Health insurance is offered.
  • Details of Health Insurance: [Description of the plan and cost sharing].
• Option B: Health insurance is not offered.
• Option A: Dental insurance is offered.
  • Details of Dental Insurance: [Description of the plan and cost sharing].
• Option B: Dental insurance is not offered.
• Option A: Vision insurance is offered.
  • Details of Vision Insurance: [Description of the plan and cost sharing].
• Option B: Vision insurance is not offered.
• Option A: Holiday pay is offered.
  • Details of Holiday Pay: [Which holidays are paid and how much is paid].
• Option B: Holiday pay is not offered.
• Option A: Meal and shift discounts are offered.
  • Details of Meal and Shift Discounts: [Describe discounts].
• Option B: Meal and shift discounts are not offered.
• Option A: Uniforms and equipment are provided and maintained by the employer.
  • Details: [Specify uniform details. Any specific laundering requirements or deductions for damage?].
• Option B: Employee provides their own uniforms according to specifications: [Describe uniform specifications].
• Option A: Transportation/parking stipends are provided.
  • Details of Transportation/Parking Stipends: [Describe stipend details].
• Option B: Transportation/parking stipends are not provided.
• Option A: Training opportunities beyond mandatory requirements are provided.
  • Details of Training Opportunities: [Describe the additional training].
• Option B: No training opportunities beyond mandatory requirements are provided.
• Rest and lactation breaks will be provided in compliance with Maryland law.

10. Employment Status

• Employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws.
• Employer prohibits retaliation against employees for exercising their rights under Maryland and federal law.
• No non-compete provision applies to this employment, consistent with Maryland law.

11. Workplace Conduct and Standards

• Employee must adhere to the following standards:
• Professional customer service decorum.
• Attendance and punctuality.
• Grooming/hygiene standards aligned with Maryland public health codes.
• Compliance with restaurant's drug/alcohol policies.
• Adherence to sexual harassment and anti-discrimination policies.
  • Maryland's protected classes include gender identity and sexual orientation.
• Workplace violence prevention.
• Whistleblower protections under Maryland law.

12. Confidentiality

Employee agrees to maintain the confidentiality of patron and business information, including credit card and personal data, in accordance with Maryland's Personal Information Protection Act.

13. Termination and Resignation

• Upon termination, Employer will provide Employee's final paycheck within the timeframes required by Maryland law.
• Employee must return all employer property upon termination.
• Option A: A [Number] day notice of resignation is requested, but not required.
• Option B: No advance notice is requested.
• Grounds for immediate dismissal may include, but are not limited to: theft, substance abuse, food safety breaches.

14. Dispute Resolution

• The parties agree to attempt to resolve any disputes through internal channels.
• Option A: Voluntary mediation or arbitration may be used.
  • Details of Mediation/Arbitration: [Specify Mediation/Arbitration details].
• Option B: No mandatory mediation or arbitration.
• Maryland law governs this agreement, and jurisdiction resides in Maryland.
• Employee has the right to file a wage complaint with the Maryland Department of Labor.

15. Compliance with Laws

• Employer complies with all applicable Maryland and local health, safety, and food code regulations.
• Employer maintains worker's compensation insurance as required by Maryland law.
• Employer complies with Maryland's occupational health and safety policies.

16. Equal Opportunity & Non-Discrimination

• Employer is an equal opportunity employer and does not discriminate based on any category protected by Maryland law.
• Employer will provide reasonable accommodations for religious beliefs or disabilities.
• Complaint reporting chain: [List contacts and process for reporting].

17. Recordkeeping and Acknowledgement

• Employer maintains required records of wages, hours, and tips.
• Employee acknowledges receipt of required Maryland workplace postings.
• Employee acknowledges that they have received a wage notice in accordance with Maryland law.

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

Employer:

____________________________

[Employer Name/Representative Name]

[Title]

[Date]

Employee:

____________________________

[Employee Full Name]

[Date]