Minnesota chef employment contract template

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How Minnesota chef employment contract Differ from Other States

  1. Minnesota enforces stricter regulations on non-compete clauses, often limiting their scope for chefs compared to other states.

  2. Minnesota law mandates prompt payment of wages upon separation, which impacts final paycheck timing in chef employment contracts.

  3. Minimum wage requirements in Minnesota may exceed federal standards, so compensation terms for chefs must comply with state law.

Frequently Asked Questions (FAQ)

  • Q: Is a non-compete clause enforceable in a Minnesota chef employment contract?

    A: Non-compete clauses are enforceable in limited circumstances in Minnesota and must be reasonable in both duration and geographic scope.

  • Q: Does the Minnesota chef employment contract need to address tip distribution?

    A: Yes, if tip sharing is used, the contract should explain how tips are distributed in compliance with Minnesota law.

  • Q: What is the minimum wage for chefs under Minnesota law?

    A: Minnesota’s minimum wage varies by employer size but is often higher than the federal rate. Check state guidelines for current rates.

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Minnesota Chef Employment Agreement

This Minnesota Chef Employment Agreement ("Agreement") is made and effective as of [Effective Date], by and between [Employer Full Legal Name], located at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Position

  • Option A: The Employer hereby employs the Employee as a full-time [Official Chef Title, e.g., Executive Chef] at [Restaurant Name], located at [Restaurant Address], in Minnesota.
  • Option B: The Employer may require the Employee to work temporarily at other locations as reasonably needed.
  • Option C: Transfer/mobility provisions: Employee agrees to be transferred to [location details] under [conditions and time period].

2. Job Duties

  • The Employee shall perform the following duties:
    • Menu planning and recipe development
    • Food preparation and presentation to standards of [Restaurant Name].
    • Supervising kitchen staff
    • Inventory control
    • Ordering and receiving supplies
    • Enforcing food safety and sanitation standards
    • Allergen and dietary restriction management
    • Kitchen cleanliness and organization
    • Staff training
    • Special event/catering obligations
    • Reporting directly to [General Manager/Owner].
  • Additional Duties: The employee will also perform other related duties as reasonably assigned by the Employer.

3. Qualifications

  • The Employee represents and warrants that they possess the following qualifications:
    • Professional culinary training from [Name of Institution, if applicable].
    • Current and valid ServSafe Food Manager certification (or equivalent certification approved by the Minnesota Department of Health).
    • [List any other licenses or certifications required].
  • Maintenance: The Employee agrees to maintain all required licenses and certifications throughout the term of employment.

4. Working Hours

  • Option A: The Employee's regular working hours shall be [Number] hours per week, with a typical shift pattern of [Start Time] to [End Time], [Days of the Week].
  • Option B: The Employee may be required to work weekends and holidays as needed.
  • Overtime: Employee will be eligible for overtime pay in accordance with Minnesota law (currently 1.5 times the regular rate for hours worked over 48 in a workweek, or other standard as mandated by law).
  • On-call: The Employee [is/is not] required to be on-call for emergencies. Details of on-call responsibilities: [Describe on-call responsibilities, if any].
  • Off-Site Events: Employee may participate in off-site events and promotional activities for [Restaurant Name] as reasonably requested.

5. Compensation

  • Option A: The Employee's base salary shall be [Dollar Amount] per year, payable [Frequency, e.g., bi-weekly].
  • Option B: The Employee's hourly wage shall be [Dollar Amount] per hour, payable [Frequency, e.g., bi-weekly].
  • Payment Method: Payment shall be made by [Direct Deposit/Check].
  • Overtime Rate: Overtime will be paid at a rate of 1.5 times the regular hourly rate as required by Minnesota law.
  • Service Charges/Bonuses/Tips: The Employee [is/is not] eligible for service charges, bonuses, or tips. Details: [Explain allocation methods, tip-pooling practices, compliance with Minnesota law].

6. Benefits

  • The Employee is eligible for the following benefits, subject to Employer's policies:
    • Health insurance [Yes/No, details of coverage].
    • Dental insurance [Yes/No, details of coverage].
    • Vision insurance [Yes/No, details of coverage].
    • Paid vacation [Number] days per year.
    • Paid sick leave [Number] days per year, in compliance with Minnesota sick and safe time law.
    • Parental/Medical leave as required by Minnesota statutes.
    • Paid holidays: [List specific holidays].
    • Uniform and laundry allowance [Dollar Amount/Details].
    • Meals during shifts [Details, IRS compliance].
    • Transportation or parking subsidy [Details, if any].
    • Professional membership dues reimbursement [Details, if any].
    • Culinary competition or training reimbursement [Details, if any].
    • Relocation/immigration assistance [Details, if applicable].

7. Compliance with Minnesota Law

  • The Employer and Employee agree to comply with all applicable Minnesota state and local laws, including but not limited to:
    • Minnesota minimum wage laws.
    • Minnesota sick and safe time laws (including accrual and use procedures).
    • Predictive scheduling ordinances (if applicable in the city of employment).
    • Minnesota Department of Health food safety statutes and local health codes.
    • All other relevant employment laws.

8. Health and Safety

  • The Employee agrees to adhere to the Employer's health and safety policies, including:
    • Kitchen injury prevention protocols.
    • Chemical usage guidelines.
    • Fire safety training.
    • Mandatory reporting of workplace injuries under Minnesota OSHA requirements.

9. Alcohol Service (If Applicable)

  • If the Employee is responsible for areas of alcohol storage/preparation, the Employee agrees to comply with all relevant Minnesota Alcohol and Gambling Enforcement regulations and any applicable local permits.

10. Confidentiality

  • The Employee agrees to maintain the confidentiality of the Employer's proprietary information, including but not limited to:
    • Recipes
    • Menu concepts
    • Supplier relationships
    • Food costing and inventory data
    • Trade secrets
  • Exceptions: The Employee may participate in public culinary competitions or media appearances with the Employer's prior written consent. Details: [Specify company control or exceptions].

11. Intellectual Property

  • Option A: All newly developed recipes, signature dishes, or culinary techniques created by the Employee during employment shall be the sole property of the Employer.
  • Option B: Employer grants a license back to employee for use of intellectual property developed during employment under terms [Specify terms].

12. Dress and Hygiene

  • The Employee agrees to maintain appropriate dress, grooming, and personal hygiene standards as required in food service. Details: [Specify requirements].

13. Harassment and Discrimination

  • The Employer is committed to providing a workplace free of harassment and discrimination. The Employee agrees to comply with the Employer's policies prohibiting harassment and discrimination, which are aligned with the Minnesota Human Rights Act and federal law.
  • Protected categories: [List all protected categories under Minnesota and federal law].
  • Complaint and investigation procedures: [Outline complaint and investigation procedures].

14. Social Media and Public Relations

  • The Employee's use of social media and participation in public relations activities related to their professional identity and the Employer's brand is subject to the Employer's guidelines. Details: [Specify guidelines, requiring employer consent].

15. Equipment

  • All employer-provided equipment (e.g., knives, uniforms, small appliances) remains the property of the Employer and must be returned upon termination of employment. Details: [Itemize equipment and return requirements].
  • Personal tools: The Employee may use their own chef tools on the premises with the Employer's approval.

16. Secondary Employment

  • The Employee [is/is not] permitted to engage in secondary employment, catering, private chef engagements, or side businesses. Restrictions: [Specify restrictions on competing activities or use of employer resources].

17. Employment Status and Termination

  • The Employee's employment is at-will and may be terminated by either party at any time, with or without cause or notice, except as otherwise required by law.
  • Resignation: The Employee shall provide [Number] days' written notice of resignation.
  • Termination: The Employer may terminate the Employee's employment for cause, including but not limited to: [List causes for immediate termination, e.g., food safety violations, theft, harassment].
  • Final wage payout: Final wages will be paid in accordance with Minnesota law.

18. Performance Reviews and Discipline

  • The Employee's performance will be reviewed [Frequency, e.g., annually].
  • The Employer will follow a progressive discipline policy. Details: [Outline progressive discipline policy].

19. Dispute Resolution

  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal grievance processes, followed by mediation.
  • Option B: Any disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].
  • Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. The venue for any legal action shall be in [County Name] County, Minnesota.

20. Worker's Compensation

  • The Employer maintains worker's compensation insurance in accordance with Minnesota law. The Employee agrees to report any work-related injuries or illnesses to the Employer immediately. Contact information for reporting: [Contact Information].

21. EEO and Non-Retaliation

  • The Employer is an Equal Opportunity Employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by law. The Employer prohibits retaliation against employees who report discrimination or harassment.

22. Acknowledgments

  • The Employee acknowledges that they have read and understand the Employer's mandatory policies, required training, and their rights and responsibilities under the Minnesota Whistleblower Act.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________

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