Massachusetts cook employment contract template

Massachusetts Full-Time Cook Employment Agreement

This Full-Time Cook Employment Agreement is made and entered into as of [Date] by and between [Employer Name], located at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Employment

The Employer hereby employs the Employee as a Full-Time Cook, and the Employee hereby accepts such employment.

Job Duties: The Employee's primary job duties will include, but are not limited to:

• Meal preparation and cooking according to recipes or menu standards.
• Safe food handling practices.
• Operation and cleaning of kitchen equipment.
• Food storage and portion control.
• Station setup and breakdown.
• Assistance with inventory.
• Maintaining kitchen sanitation in accordance with health codes.
• Monitoring food supplies.
• Compliance with allergen management regulations required in Massachusetts.

2. Required Certifications and Training

• Option A: Employee must possess and maintain a valid ServSafe Food Handler/Manager certification (or equivalent as approved by the Employer).
• Option B: Employee must complete Allergen Awareness training within [Number] days of employment.
• Option C: Employee must complete OSHA kitchen safety training as provided by the Employer.
• Employee is responsible for maintaining all required certifications at their own expense.
• Employee shall provide proof of certification to employer upon hiring and renewal.

3. Reporting and Teamwork

The Employee shall report directly to [Kitchen Manager/Executive Chef/General Manager Name and Title].

The Employee is expected to work cooperatively with all kitchen staff and maintain effective communication.

4. Work Location

The Employee's primary work location will be at [Restaurant Name/Cafeteria Name/Catering Site Name] located at [Work Location Address] in Massachusetts.

On-site requirements and policies for shift swaps or schedule requests are detailed in the Employee Handbook.

5. Employment Type and Schedule

This is a full-time employment position.

The standard work schedule will be [Number] days per week, [Number] hours per day, with typical shifts from [Start Time] to [End Time].

Meal and Rest Breaks: Employee is entitled to a 30-minute unpaid meal break for shifts over 6 hours, in compliance with Massachusetts law.

• The timing of breaks will be determined by the Employer, based on operational needs.

Overtime: Any hours worked over 40 in a workweek will be paid at a rate of 1.5 times the Employee's regular hourly rate, as required by Massachusetts law.

6. Compensation

• Option A: The Employee's wage will be [Dollar Amount] per hour.
• Option B: The Employee's salary will be [Dollar Amount] per week.

Wages will be paid [Weekly/Bi-weekly] via [Check/Direct Deposit].

Tip Policy: [Describe Tip Policy: e.g., Employee is eligible for tips, tips are pooled and distributed according to company policy, etc. If no tips are involved, state "Employee is not eligible for tips." ]

Overtime Calculation: Overtime will be calculated in accordance with Massachusetts law (1.5x hourly rate after 40 hours/week).

Additional Compensation: [Describe any shift differentials, performance bonuses, or other compensation. If none, state "No additional compensation will be provided."]

7. Benefits

Health Insurance: [Describe Health Insurance benefits offered: e.g., Employee is eligible for health insurance after [Number] days of employment, details provided separately.]

Dental and Vision Insurance: [Describe Dental and Vision Insurance benefits offered: e.g., Employee is eligible for dental and vision insurance after [Number] days of employment, details provided separately.]

Massachusetts Paid Family and Medical Leave (PFML): Employee is eligible for PFML benefits as mandated by Massachusetts law.

Paid Sick Leave: Employee will accrue paid sick leave at a rate of 1 hour for every 30 hours worked, up to a maximum of 40 hours per year, as required by Massachusetts law.

Vacation Time: [Describe Vacation Time policy: e.g., Employee is eligible for [Number] days of paid vacation per year, accruing after [Number] months of employment.]

Holiday Pay: [Describe Holiday Pay policy: e.g., Employee is paid time and a half for working on designated holidays. Note Massachusetts "premium pay" rules for holidays or Sundays.]

Meal Discounts/In-Shift Meals: [Describe Meal Discounts/In-Shift Meals policy: e.g., Employee is entitled to a 50% discount on meals during shifts. / Employee will be provided with one free meal per shift.]

Professional Development: [Describe Professional Development/Culinary Training Reimbursement policy: e.g., Employee is eligible for reimbursement of culinary training expenses up to [Dollar Amount] per year, subject to Employer approval.]

8. Leave Policies

Employee is eligible for all leave benefits mandated by Massachusetts law, including jury duty, bereavement leave, and parental leave.

Details regarding leave policies are available in the Employee Handbook.

9. Uniforms and Tools

[State who is responsible for providing uniforms. E.g., Employer will provide uniforms. / Employee is responsible for providing own uniforms.]

[State who is responsible for providing kitchen tools. E.g., Employer will provide all necessary kitchen tools. / Employee is responsible for providing own knives.]

The Employee is responsible for the proper care and maintenance of all uniforms and tools.

10. Performance Standards

The Employee is expected to comply with all Employer policies and procedures, including those related to workplace safety, accident reporting, and anti-alcohol/drugs.

The Employee must adhere to the Massachusetts Food Code (105 CMR 590) and any applicable town/city Board of Health rules.

11. Confidentiality

The Employee agrees to hold all proprietary recipes, business practices, customer information, and trade secrets of the Employer in strict confidence.

This obligation of confidentiality shall survive the termination of this Agreement.

12. Outside Employment

The Employee shall not engage in any outside employment that creates a conflict of interest with the Employer.

Specifically, the Employee shall not work for a direct competitor of the Employer without the Employer's prior written consent.

13. Employee-Created Intellectual Property

Any recipes, menu items, or other intellectual property created by the Employee during the course of their employment shall be the sole property of the Employer.

14. Non-Compete/Non-Solicitation (Consult Legal Counsel - Highly Restricted in MA)

[Option A: Include only if the employee's salary threshold permits and is compliant with MA law, and ONLY after consulting with legal counsel familiar with the latest Massachusetts Non-Compete laws. Provide "garden leave" or other agreed-upon adequate consideration. If the employee's position and salary don't meet the MA requirements, omit this entirely.]

[Option B: "This Agreement does not include a non-compete or non-solicitation clause."]

15. Discipline and Termination

The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, subject to applicable Massachusetts law.

In the event of termination, the Employee's final pay will be provided as required by Massachusetts law (immediately if discharged, next payday if resigning).

Upon termination, the Employee must return all Employer property.

Information regarding COBRA or state continuation of health insurance will be provided upon termination.

16. Workplace Safety

The Employer is committed to providing a safe and healthy work environment, in compliance with OSHA and the Massachusetts Right-to-Know Act.

The Employee is responsible for reporting any workplace hazards to the Employer immediately.

17. Anti-Harassment and Anti-Discrimination

The Employer is committed to providing a workplace free from harassment and discrimination, in compliance with Massachusetts law.

The Employer prohibits discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, age, genetic information, ancestry, handicap, or veteran status.

The Employer has a complaint procedure for addressing any concerns regarding harassment or discrimination. Details can be found in the Employee Handbook.

18. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through [Describe dispute resolution process: e.g., internal complaint escalation process, mediation].

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

19. Compliance with Massachusetts Law

All terms of this Agreement are intended to comply with Massachusetts Wage Act, tips law, Earned Sick Time Law, PFML, and any relevant city/local ordinances.

20. Acknowledgement

The Employee acknowledges receipt and understanding of the Employer's policies, including the kitchen safety manual, employee handbook, and health code guidelines.

21. Amendment and Severability

This Agreement may be amended only by a written instrument signed by both the Employer and the Employee.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Language

This Agreement is written in English.

Employer: [Employer Name]

By: [Employer Representative Name and Title]

Signature: ____________________________

Date: [Date]

Employee: [Employee Name]

Signature: ____________________________

Date: [Date]