Minnesota restaurant server employment contract template

Minnesota Restaurant Server Employment Contract

This Full-Time Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date of Signing] by and between:

• [Restaurant Legal Name], a [Business Structure, e.g., Minnesota Corporation] with its principal place of business at [Restaurant Address], Minnesota ("Employer"), doing business as [Restaurant Trade Name] (if applicable), and
• [Employee Full Legal Name], residing at [Employee Address], Minnesota ("Employee").

1. Position:

• Full-Time Restaurant Server

2. Job Responsibilities:

• Greeting guests and providing excellent customer service.
• Taking and accurately entering food and beverage orders.
• Communicating menu details and special dietary information to guests.
• Delivering orders promptly and efficiently.
• Managing tables and ensuring guest satisfaction.
• Recommending menu items and specials and upselling.
• Handling guest complaints in accordance with customer service policies.
• Clearing and resetting tables.
• Following section assignment and rotation duties as assigned.
• Following restaurant cash handling procedures.
• Complying with Minnesota laws for service of alcohol to patrons of legal drinking age.

3. Performance and Appearance Standards:

• Adhering to the dress code/uniform requirements as outlined in the employee handbook.
• Maintaining personal hygiene standards.
• Adhering to food safety and sanitation protocols per Minnesota Department of Health rules.
• Interacting professionally and courteously with patrons and team members.

4. Reporting Relationship:

• Employee will report directly to [Direct Supervisor/Manager Name and Title].
• Employee is part of the [Team Structure, e.g., Front of House Team].
• Employee will participate in daily pre-shift briefings and service team collaboration.

5. Worksite Location:

• Primary worksite: [Restaurant Address, City, Minnesota].
• Secondary locations:
  • Option A: No secondary locations.
  • Option B: Off-site catering events as assigned. Location varies.

6. Work Schedule:

• Full-time: [Number] hours per week.
• Rotating shifts, including weekends and holidays, as required.
• Minimum daily shift length: [Number] hours.
• Meal and Rest Breaks:
  • Minnesota law requires a minimum 30-minute unpaid meal break for shifts over eight hours.
  • Paid rest break every four hours.
  • Split shifts:
    • Option A: Split shifts are not permitted.
    • Option B: Split shifts may be required as needed.

7. Compensation:

• Hourly base wage: [Dollar Amount] per hour.
• Tip Credit:
  • Option A: Employer is not applying a tip credit.
  • Option B: Employer is applying a tip credit. Employee's tipped minimum wage is [Dollar Amount] per hour. (Note: Must meet or exceed the Minnesota State Minimum Wage rate.)
• Total Compensation Structure:
  • Option A: Hourly wage plus tips.
  • Option B: Hourly wage, tips, and [Description of other forms of compensation, e.g., peak-shift differential].

8. Tip Pooling/Sharing:

• Tip Pooling:
  • Option A: No tip pooling.
  • Option B: Tip pooling is required.
    • Voluntary and employee-driven as per Minnesota law.
    • Employer or manager retention of tips is prohibited.
• Distribution Method: [Description of tip distribution method, e.g., divided equally among servers].

9. Overtime Pay:

Overtime will be paid at 1.5 times the regular rate for hours worked over 48 per workweek, in accordance with Minnesota law.

Overtime must be approved in advance by [Designated Manager/Supervisor].

10. Additional Incentives:

• Option A: No additional incentives.
• Option B: The following incentives may be offered at the Employer’s discretion:
  • Sales bonuses.
  • Employee referral rewards.
  • Contests/prizes.

11. Pay Cycle and Method:

• Pay cycle: [Weekly/Bi-weekly].
• Pay dates: [Specific day of the week/month].
• Pay method: [Direct deposit/Check].
• Itemized wage statements will be provided with each paycheck.

12. Benefits:

• Health, vision, and dental insurance eligibility: [Eligibility Requirements].
• Paid Time Off (PTO): [Accrual Rate and Usage Rules].
• Sick and Safe Leave: Accrued per Minnesota’s earned sick and safe time law.
• Paid/Unpaid Holidays: [List of Holidays and Eligibility].
• Employee Discounts: [Description of Employee Discounts].

13. Workplace Safety Compliance:

• Mandatory compliance with Minnesota and federal workplace safety laws.
• Safe food handling standards.
• OSHA training.
• Age-verification for alcohol service.
• Safe lifting/ergonomics training.
• Reporting workplace injuries immediately to [Designated Manager/Supervisor].

14. Employee Obligations:

• Compliance with Minnesota alcohol service regulations.
• Food handler certification or refresher training as required.
• Immediate reporting of suspected underage or overserved patrons.

15. Confidentiality/Social Media Policy:

• Protection of customer information.
• Prohibition against posting work-related content that discloses trade secrets, customer data, or violates restaurant policy.
• Guidelines around the use of mobile devices while on duty.

16. Anti-Harassment and Equal Employment Opportunity:

• Zero tolerance for harassment, discrimination, and workplace violence.
• Compliance with the Minnesota Human Rights Act.
• Clear complaint procedures and anti-retaliation protection.

17. Intellectual Property:

• Option A: Not Applicable.
• Option B: Any server-developed customer engagement strategies are the property of the Employer.

18. Behavior Standards:

• Punctuality.
• Customer courtesy.
• Honest handling of restaurant funds.
• Compliance with health and safety checks.
• Prohibition on theft.
• Adherence to all house rules.

19. Drug/Alcohol Use and Absenteeism:

• Policy regarding drug/alcohol use as outlined in the employee handbook.
• Policy regarding absenteeism as outlined in the employee handbook.
• Compliance with Minnesota’s lawful consumable products statute.

20. End of Employment:

• Uniform/equipment return requirements.
• Tip-out/advance settlements.
• Final pay protocols.

21. At-Will Employment:

This is an at-will employment relationship, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to Minnesota law.

Voluntary Resignation: Employee must provide [Number] days written notice.

Final Wages: Employee will be paid final wages as required by Minnesota law.

22. Discipline and Grievance Procedures:

As outlined in the employee handbook.

Employer's right to adjust employee duties or business policies in accordance with Minnesota law.

23. Dispute Resolution:

• Internal complaint steps: [Description of internal complaint steps].
  • Option A: Mediation.
  • Option B: Arbitration.
• Agreement to Minnesota law and venue for any litigation.

24. Workers’ Compensation:

Eligibility for and summary of workers’ compensation coverage.

Reporting requirements for workplace injury or illness.

25. City Ordinances:

Compliance with city ordinances, including Minneapolis/St. Paul minimum wage and sick/safe time rules if applicable.

26. Right to Unionize:

Notice of the right to unionize, access to collective bargaining, or limitations as contractually agreed, consistent with Minnesota and federal labor laws.

27. Amendment, Severability, and Entire Agreement:

All terms are subject to amendment by mutual written agreement.

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

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

28. Waiver:

No waiver of any provision of this agreement shall be valid unless in writing and signed by both parties.

Waiver of any provision in one instance will not be deemed a waiver of the same provision in the future or a waiver of any other provision in this agreement.

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

[Restaurant Legal Name]

By: [Employer Representative Name and Title]

[Employee Full Legal Name]

Signature: ____________________________