Massachusetts restaurant server employment contract template

Massachusetts Restaurant Server Employment Contract

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

[Restaurant Name], located at [Restaurant Address], hereinafter referred to as "Employer,"

and

[Employee Name], residing at [Employee Address], hereinafter referred to as "Employee."

Job Title and Description

The Employee is hired as a Full-Time Restaurant Server.

Duties include, but are not limited to:

• Taking customer orders.
• Relaying orders to the kitchen or bar.
• Serving food and beverages.
• Providing tableside service.
• Preparing itemized checks.
• Processing payments.
• Managing reservation/wait lists.
• Resetting tables.
• Ensuring compliance with food safety standards (including ServSafe certification if required by Employer).
• Assisting with side duties such as stocking and cleaning.
• Demonstrating knowledge of menu ingredients and allergens (per Massachusetts Allergen Awareness Act).
• Responsibly serving alcohol under Massachusetts law (requiring minimum age and TIPS/SafeServ training).
• Maintaining a professional appearance per restaurant’s dress code.
• Upholding customer service standards.

Employment Type and Work Schedule

The Employee is hired as a full-time employee.

Expected workweek:

• Option A: 35-40 hours per week.
• Option B: [Number] hours per week.

Work shifts:

• [Specify days of the week, including weekdays, weekends, and holidays]
• [Specify hours for each shift, e.g., 11:00 AM - 5:00 PM, 5:00 PM - 11:00 PM]

Potential for rotating schedules:

• Option A: Yes, schedules may rotate.
• Option B: No, schedules are fixed.

Flexibility required due to variable restaurant hours.

Designated work location(s): [Restaurant Name and Address].

Transfers between locations:

• Option A: Possible, Employer may transfer Employee to other locations.
• Option B: Not Applicable.

Wages and Tip Credit

Base hourly wage: [Dollar Amount] per hour (server minimum wage as permitted by Massachusetts law).

Employer declaration and calculation of tip credits: Employer will take a tip credit of [Dollar Amount] per hour, not to exceed the maximum allowed under Massachusetts law.

Total (base wage plus tips) must meet or exceed Massachusetts minimum wage.

Tip Pooling/Sharing Policy:

• Option A: Employee participates in a mandatory tip pool with other service staff. The specifics of the tip pool are outlined in [Separate Tip Pool Policy Document].
• Option B: Employee does not participate in a tip pool.
• Option C: [Specify tip-sharing details if applicable].

Pay frequency:

• Option A: Weekly
• Option B: Bi-weekly

Overtime eligibility: Employee is eligible for overtime pay at time-and-a-half for hours worked above 40 per week.

Reporting time pay: If Employee reports for a scheduled shift and is sent home early, Employer will pay for [Number] hours, as required by Massachusetts law.

Meal and Rest Breaks

Employee is entitled to a [Number] minute meal break for shifts over six hours, as required by Massachusetts law.

Break type:

• Option A: Paid.
• Option B: Unpaid.

On-duty vs. off-duty breaks: [Specify whether breaks are on-duty or off-duty].

Tip Reporting

Employee is responsible for accurately reporting all tips received.

Employee will sign daily/weekly tip declarations as required by the Employer and IRS.

Employee Benefits

Health, dental, and vision insurance:

• Option A: Employee is eligible for health, dental, and vision insurance after [Number] days of employment. Details are provided in the employee handbook.
• Option B: Not Applicable.

Paid Sick Leave: Employee accrues paid sick leave as per Massachusetts Earned Sick Time law.

Paid Time Off: [Specify amount of PTO accrued and eligibility requirements].

Holiday Pay: [Specify which holidays are paid and the eligibility requirements].

Other statutory leaves (e.g., family & medical leave, domestic violence leave): Employee is eligible for statutory leaves as per Massachusetts law.

Uniform and Equipment

Uniforms:

• Option A: Employer provides uniforms.
• Option B: Employee provides uniforms according to Employer's specifications.

Responsibilities for purchase/laundering: [Specify who is responsible for purchasing and laundering uniforms].

Required appearance standards: [Describe the required appearance standards].

Reimbursement policies: [Specify any reimbursement policies for uniform expenses, as mandated by Massachusetts law].

Anti-Discrimination, Anti-Harassment, and Equal Opportunity

Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by Massachusetts law.

Employer prohibits harassment of any kind.

Complaint resolution procedure: Employee should report any incidents of discrimination or harassment to [Name and Title]. If the issue is not resolved internally, Employee has the right to file a complaint with the Massachusetts Commission Against Discrimination (MCAD).

Workplace Safety and Health

Employer maintains a safe and healthy workplace in accordance with OSHA and Massachusetts Department of Public Health regulations.

Protocols are in place for slips and falls, cuts/burns, foodborne illness, and staff hygiene.

Employee's workers' compensation rights are posted in a conspicuous location.

Behavioral Standards

Prohibition of intoxication or drug use on duty.

Customer interaction policies: [Specify policies regarding customer service, handling complaints, and preventing harassment].

Handling cash or credit card transactions per PCI compliance.

Restrictions on accepting gifts/tips inconsistent with restaurant policy.

Confidentiality

Employee agrees to maintain the confidentiality of customer information, reservation data, internal company policies, and proprietary recipes/menu details.

Social media policy: [Specify any social media policy for servers representing the business].

Termination

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 Massachusetts law.

Causes for dismissal: [Specify causes for dismissal, such as theft, repeated tardiness, gross misconduct].

Final wage payment: Upon termination, Employee will receive all final wages, including tip payouts and accrued but unused paid time off, in accordance with Massachusetts law.

Notice requirement:

• Option A: Employer reserves the right to provide notice of termination.
• Option B: Employer does not provide notice of termination.

Training and Certification

Mandatory food handler's card: [Specify requirements, if any].

Alcohol service certification (TIPS/SafeServ): [Specify requirements, if any, and whether Employer will pay for the training].

Ongoing education for Allergen Awareness: [Specify requirements based on Massachusetts law].

Tip Pooling/Sharing Rules

[Detail tip pooling/sharing rules in accordance with Massachusetts law].

Dispute resolution process for tip disputes: [Specify the process for resolving disputes related to tip distribution].

E-Verify and Right-to-Work

Employer will comply with E-Verify and right-to-work checks as required.

At-Will Status

Employee acknowledges that this is an at-will employment relationship, absent unionization or a collective bargaining agreement.

Non-Solicitation

Employee agrees not to solicit customers or co-workers during and post-employment for a period of [Number] months.

Modification and Severability

This Agreement may be modified only in writing signed by both parties.

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

Governing Law and Jurisdiction

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

Any disputes arising under this Agreement shall be resolved in the courts of the Commonwealth of Massachusetts.

Dispute resolution:

• Step 1: Internal Grievance
• Step 2: Mediation
• Step 3: Legal Action

Compliance with Policies

Employee agrees to comply with all Employer's policies as issued in handbooks or supplemental documents.

Employee acknowledges receipt and understanding of the current employee handbook.

Updates to Policies

Employer reserves the right to adjust or update policies in compliance with future changes to Massachusetts or local law.

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

____________________________
[Restaurant Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Name]

Employee Signature

Date: [Date]