Michigan restaurant server employment contract template

Michigan Restaurant Server Employment Contract

This Michigan Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Date] (the “Effective Date”) by and between:

[Restaurant Name], a [Entity Type, e.g., Michigan LLC] with its principal place of business at [Restaurant Address], Michigan, business registration number [Michigan Business Registration Number] (the “Employer”),

and

[Employee Full Legal Name], residing at [Employee Address], whose contact information is: Phone: [Phone Number], Email: [Email Address] (the “Employee”).

1. Position and Job Duties

The Employer hereby employs the Employee as a Restaurant Server. The Employee's duties include but are not limited to:

• Option A: Providing a comprehensive list of duties.
  • Greeting customers and providing excellent customer service.
  • Taking and accurately relaying food and beverage orders to the kitchen and bar staff.
  • Recommending menu items and answering questions about the menu.
  • Serving prepared food and drinks to customers in a timely and efficient manner.
  • Clearing tables and ensuring a clean dining environment.
  • Handling customer payments, including cash, credit cards, and POS systems, in compliance with PCI DSS standards.
  • Addressing customer concerns and complaints in a professional and courteous manner, escalating to management when necessary.
  • Maintaining cleanliness and sanitation of work areas in compliance with Michigan Food Law and the FDA Food Code as adopted by Michigan.
  • Following company protocols for safe handling of food and beverages, including specific hygiene, hand-washing, and allergen safety practices mandated in Michigan.
  • Assisting with event service or banquet duties when required.
  • Restocking server stations with necessary supplies.
  • Adhering to the uniform/dress code as specified by the Employer.
  • Participating in safety and workplace training as required by law.
• Option B: A concise description referring to a detailed job description document.
  • Performing all duties as outlined in the attached job description document, which is incorporated herein by reference.

2. Work Location

The Employee will primarily perform services at the following location(s) in Michigan:

• Option A: Single location.
  • [Restaurant Address], Michigan.
• Option B: Multiple locations (subject to change with notice).
  • [Restaurant Address 1], Michigan.
  • [Restaurant Address 2], Michigan.
  • The Employee may be assigned to other restaurant properties designated by the Employer with reasonable notice.

3. Employment Status and Schedule

The Employee is employed as a full-time employee, as defined by Michigan law.

• Option A: Fixed schedule.
  • The Employee's standard work week will consist of approximately [Number] hours per week.
  • The Employee's regular work schedule is: [Specific Days and Times].
  • The schedule may include fixed or flexible shifts, rotating weekends/holidays.
• Option B: Flexible Schedule.
  • The Employee's standard work week will consist of approximately [Number] hours per week.
  • The Employee's schedule will be determined based on the Employer’s needs and communicated in advance.
  • The schedule may include fixed or flexible shifts, rotating weekends/holidays.
• All Schedules:
  • Attendance at pre-shift meetings is mandatory.
  • Meal and rest breaks will be scheduled in accordance with Michigan labor regulations.
  • Employee must adhere to Employer’s timekeeping and attendance rules, including punch-in/out procedures, tardiness, and absence reporting protocols.

4. Compensation

The Employee will be compensated as follows:

• Option A: Hourly Wage with Tip Credit.
  • The Employee's base hourly wage will be [Dollar Amount] per hour (which is the current Michigan minimum cash wage for tipped employees), with the Employer intending to take a tip credit as allowed under Michigan law.
  • The Employee acknowledges that the Employer will claim a tip credit to meet Michigan’s full minimum wage requirement. If the Employee's tips, combined with the hourly wage, do not equal or exceed Michigan's full minimum wage, the Employer will pay the difference to ensure compliance.
  • The current Michigan tipped server minimum wage is [Dollar Amount] per hour, and the employer will ensure employees' total pay meets Michigan’s full minimum wage requirements.
  • Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by the FLSA and Michigan law.
  • Tip pooling or sharing arrangements and distribution policies are as follows: [Describe Tip Pooling/Sharing Policy, including roles that participate and calculation method. Must be compliant with Michigan Law].
  • Employee must declare all tips in accordance with IRS and Michigan tax regulations.
• Option B: Hourly Wage, No Tip Credit.
  • The Employee's hourly wage will be [Dollar Amount] per hour (which is Michigan’s full minimum wage), with no tip credit taken by the Employer.
  • Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by the FLSA and Michigan law.
  • Tip pooling or sharing arrangements and distribution policies are as follows: [Describe Tip Pooling/Sharing Policy, including roles that participate and calculation method. Must be compliant with Michigan Law].
  • Employee must declare all tips in accordance with IRS and Michigan tax regulations.

Payment frequency: [Weekly/Bi-Weekly/Other - compliant with Michigan law].

Payment Method: [Direct Deposit/Check/Other].

Wage statements will be itemized as required by the Michigan Wage and Fringe Benefits Act.

Deductions: Deductions from wages will include applicable taxes and any other deductions authorized by the Employee in writing and permitted by Michigan law (e.g., uniforms, meal charges).

5. Benefits

The Employee may be eligible for the following benefits, subject to the Employer's policies and eligibility requirements:

• Eligibility for employer-sponsored health insurance: [Yes/No/Subject to Eligibility Requirements]
• Dental and vision options: [Yes/No]
• Paid time off (PTO): [Number] days per year, according to the Employer's PTO policy.
• Michigan-compliant paid sick leave policies: [Comply with Michigan’s Earned Sick Time Act OR Employer is under 50 employees and exempt] (or written notice of ineligibility if employer is under 50 employees).
• Paid or unpaid meal and rest breaks: Provided in accordance with Michigan labor regulations.
• Holidays: [List Paid Holidays or State Policy].
• Potential access to 401(k) plans or retirement programs: [Yes/No/Subject to Eligibility Requirements]
• Employee meal discounts: [Describe Discount Policy].
• Training and certification reimbursement for ServSafe or equivalent: [Describe Reimbursement Policy, if any].
• Compliance with Michigan Worker’s Disability Compensation Act.

6. Employment At-Will

The employment relationship between the Employer and the Employee is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice (except as required by law). This does not affect the Employee’s right to Michigan unemployment benefits, if eligible.

7. School Release/Accommodation

If the Employee is a minor, the Employer will comply with all applicable Michigan youth employment laws, including school release or accommodation policies.

8. Probationary Period

• Option A: With Probationary Period
  • The Employee's employment is subject to a probationary period of [Number] days from the Effective Date. During this period, the Employer will evaluate the Employee's performance and suitability for the position. Continued employment after the probationary period is contingent upon satisfactory performance.
• Option B: No Probationary Period
  • There is no probationary period associated with this employment.

9. Reporting and Supervision

The Employee will report to and be supervised by [Manager/Supervisor Name]. The chain of command for scheduling issues is [Describe Chain of Command]. The escalation protocol for disputes or harassment complaints is [Describe Escalation Protocol, must comply with Michigan law].

10. Performance Standards

The Employee is expected to maintain the following performance standards:

• Quality and speed of service.
• Teamwork and cooperation with other employees.
• Professional etiquette and customer interaction skills.
• Accuracy in taking and fulfilling orders.
• Compliance with food safety procedures.
• Adherence to appearance standards.
• Compliance with all Michigan and local restaurant health and safety codes.

11. Behavioral Expectations

The Employee is expected to adhere to the following behavioral expectations:

• Adherence to anti-harassment, sexual harassment, workplace safety, anti-discrimination, and equal employment policies as required by Michigan law.
• Prohibition of substance use or impairment while on duty.
• Guidance on alcohol handling and consumption at work (if applicable, compliant with Michigan law).

12. Confidentiality

The Employee agrees to protect sensitive company, menu, and proprietary information. The Employee is prohibited from sharing customer data in violation of Michigan’s Identity Theft Protection Act. The Employee is prohibited from soliciting customers or proprietary recipes/trade secrets during and after employment.

13. Background Check and Eligibility Verification

The Employee's employment is contingent upon satisfactory completion of a background check (if required by the Employer) in compliance with Michigan’s Ban-the-Box law. The Employee must provide documentation establishing employment eligibility as required by federal I-9 regulations.

14. Uniform and Personal Appearance

The Employee is required to maintain a professional appearance, adhering to the Employer's uniform and personal appearance standards. The Employee must maintain personal hygiene expectations per the adopted Michigan health code. Maintenance or laundering of uniforms will be the responsibility of: [Employer/Employee/Shared - Specify Details], in accordance with Michigan law on authorized deductions.

15. Uniforms and Equipment

The Employee will be provided with the following: [List Uniform Items, Name Tags, and Required Equipment]. Reimbursement for damaged or lost items: [Describe Reimbursement Policy, if any, compliant with Michigan law].

16. Non-Compete and Non-Solicitation (Optional - Consult with Legal Counsel)

• Option A: With Non-Compete and Non-Solicitation (Use with caution, must be reasonable under Michigan law)
  • During employment and for a period of [Number] months following termination of employment, the Employee agrees not to engage in any business activity that is directly competitive with the Employer within a [Number] mile radius of [Restaurant Address]. The Employee further agrees not to solicit any customers or employees of the Employer during this period.
  • This clause is intended to be narrowly tailored and reasonable under Michigan law and does not unlawfully restrict future employment.
• Option B: No Non-Compete and Non-Solicitation
  • There is no non-compete or non-solicitation clause in this agreement.

17. Workplace Safety and Injury Reporting

The Employee must follow procedures for filing workers’ compensation claims in accordance with the Michigan Worker’s Disability Compensation Act. The Employee must immediately report any incidents, accidents, or food safety breaches to management.

18. Termination

The employment relationship may be terminated as follows:

• Voluntary Resignation: The Employee is encouraged to provide [Number] weeks' notice of resignation.
• Company-Initiated Dismissal: The Employer may terminate the Employee's employment for cause (e.g., poor performance, misconduct, violation of policy) or for business needs.
• Final Paycheck: The Employee's final paycheck will be issued in accordance with Michigan law.
• Return of Property: The Employee must return all uniforms, keys, or other employer property upon termination.

19. Dispute Resolution

The Employer and Employee agree to attempt to resolve any disputes arising out of this Agreement through good-faith negotiation. Mediation or arbitration: [Optional - Describe Mediation/Arbitration Process, Venue, and Governing Law].

The Employee has the legal right to file claims with the Michigan Department of Licensing and Regulatory Affairs (LARA) or other relevant agencies.

20. Required Legal Notices and Disclosures

The Employer provides the following required legal notices and disclosures:

• Michigan’s Earned Sick Time Act: [Provide Required Notice or State Exemption].
• Tip wage statements.
• Michigan Whistleblower Protection Act.
• Compliance with all applicable federal and Michigan labor and employment laws, including FLSA, Civil Rights Act of 1964, Elliott-Larsen Civil Rights Act, and Michigan Youth Employment Standards Act (if applicable).

21. Optional Policies

The following optional policies apply to the Employee's employment (if selected):

• Social Media Conduct: [Include Policy or State "None"].
• Personal Device Use at Work: [Include Policy or State "None"].
• Off-Duty Conduct: [Include Policy or State "None" - must comply with Michigan law].

This Agreement is intended to be adaptable to restaurant size, local practices, and specific job duties or house rules. The Employer reserves the right to amend this Agreement in the future with proper notice to the Employee.

By signing below, the Employee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Michigan Restaurant Server Employment Contract.

____________________________
[Employee Full Legal Name] (Employee)

Date: ____________________________

____________________________
[Restaurant Representative Name] (Employer Representative)

Title: [Title]

Date: ____________________________