Missouri restaurant server employment contract template

Missouri Restaurant Server Employment Contract

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

[Restaurant Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Restaurant Address] (“Employer”), and

[Employee Name], residing at [Employee Address] (“Employee”).

1. Position

The Employer hires the Employee as a Restaurant Server.

The Employee accepts employment as a Restaurant Server.

2. Job Duties

The Employee's duties include but are not limited to:

• Greeting guests and providing excellent customer service.
• Taking food and beverage orders accurately.
• Accurately inputting orders into the point-of-sale (POS) system.
• Serving food and drinks to guests promptly and efficiently.
• Handling customer requests and complaints professionally.
• Resetting and cleaning tables after guests depart.
• Restocking service areas with necessary supplies.
• Explaining menu items and daily specials to guests.
• Checking identification for alcohol service in compliance with Missouri law.
• Following all food safety and sanitation guidelines.
• Preparing checks and processing payments accurately.
• Other duties as assigned.

3. Work Location and Scheduling

Primary Work Location: [Restaurant Address]

Secondary Work Locations (if applicable): [Additional Restaurant Addresses]

Schedule:

• Option A: Employee will work a full-time schedule, averaging [Number] hours per week.
• Option B: Employee will work a part-time schedule, averaging less than 30 hours per week.
• Shifts:
  • Start Time: [Time]
  • End Time: [Time]
• Flexibility: Employee must be available to work varying shifts, including lunch, dinner, weekends, and holidays, as required by the Employer's operational needs.
• Shift Rotation: [Description of Shift Rotation Policy, if any]
• Location Transfer: The employer may need to transfer the employee to a new location as deemed necessary.

4. Work Hours and Breaks

Full-time employment consists of a minimum of 30-40 hours per week as required by operational needs.

Rest and Meal Breaks:

• Option A: Employees are entitled to a [Number] minute unpaid meal break for shifts exceeding [Number] hours.
• Option B: Employees are entitled to a [Number] minute paid rest break for every [Number] hours worked.
• Option C: No Breaks, Employer provides no rest or meal breaks, as permissible under Missouri Law.

Break times will be determined by the Employer based on business needs and communicated to the Employee in advance.

5. Overtime

Overtime Compensation: Employee will be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over forty (40) in a workweek.

Overtime Approval: All overtime hours must be pre-approved by a supervisor or manager.

Overtime Reporting: Employee is responsible for accurately recording all hours worked, including overtime, using the Employer's timekeeping system.

6. Compensation

Hourly Wage: $[Dollar Amount] per hour (at least Missouri's tipped minimum wage).

Tip Credit: The Employer will utilize a tip credit of $[Dollar Amount] per hour, in accordance with Missouri law.

Tip Pooling/Sharing:

• Option A: Employee participates in a tip pool with other service staff. Details of the tip pool distribution are outlined in [Document Name].
• Option B: Employee keeps all tips received directly from customers.
• Option C: Employee shares tips with [Positions, e.g., bussers].

Transparency: The employer will maintain accurate records of tips earned and distributions.

7. Payment of Wages

Pay Frequency: Wages will be paid [Weekly/Bi-weekly/Monthly].

Payment Method: Wages will be paid via [Direct Deposit/Check].

Tip Reporting: Employee is responsible for accurately reporting all tips earned to the Employer for tax purposes.

Wage Deductions: Deductions will be made for legally required taxes and withholdings (federal, state, Social Security, Medicare) and authorized deductions.

Wage Corrections: Any discrepancies in wages should be reported to the Employer immediately for resolution.

8. Employee Benefits

The following benefits are provided:

• Option A: Health Insurance. Eligibility requirements are outlined in the Employee Handbook.
• Option B: Paid Time Off (PTO). Accrual rate and usage policies are outlined in the Employee Handbook.
• Option C: Sick Leave. Accrual rate and usage policies are outlined in the Employee Handbook.
• Option D: Vacation Time. Accrual rate and usage policies are outlined in the Employee Handbook.
• Option E: No Benefits. The employer provides no benefits outside of compensation.

Required Wage Deductions and Withholdings: All legally required wage deductions and withholdings will be followed per the law.

Eligibility and Enrollment: Details regarding eligibility and enrollment in employer-sponsored benefit programs are available from the [HR Contact/Department].

Workers' Compensation: The employer maintains workers' compensation insurance in compliance with Missouri law.

9. Conduct and Hygiene

Professional Conduct: Employee must maintain a professional demeanor and provide courteous and efficient service to all guests.

Personal Hygiene: Employee must maintain a high standard of personal hygiene, including regular handwashing and adherence to dress code.

Uniforms and Grooming: Employee must wear the designated uniform and adhere to the Employer's grooming standards.

Health Department Standards: Employee must follow health department standards for food service in Missouri.

10. Training

Required Training: Employee must complete the following training programs before commencing work:

• Food Safety Certification (e.g., ServSafe).
• Responsible Alcohol Service Training (per Missouri's Dram Shop Act and local ordinances).

Periodic Retraining: Employee may be required to attend periodic retraining sessions to maintain compliance with regulations and standards.

11. Compliance with Laws

Employee must comply with all applicable federal, state (Missouri), and local labor laws, as well as city/county health and safety codes.

The employer will maintain all required records for hours worked and tips earned in accordance with Missouri and federal law.

12. Equal Opportunity Employment

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, disability, or any other protected category under Missouri law.

13. Workplace Harassment and Violence

The employer maintains a zero-tolerance policy for workplace harassment and violence.

Employee is required to familiarize themselves with the Employer's workplace violence and harassment policies outlined in the Employee Handbook.

14. Drug and Alcohol-Free Workplace

• Option A: The Employer maintains a drug and alcohol-free workplace.
• Option B: The Employer reserves the right to conduct pre-employment and/or random substance testing. Details are outlined in the Employee Handbook.

15. Reporting Structure and Communication

Employee reports directly to the [Shift Supervisor/Restaurant Manager].

Employee is expected to communicate effectively with coworkers and supervisors.

Employee is expected to work as a team to provide excellent customer service.

16. Workplace Safety

Employee must adhere to all workplace safety protocols, including compliance with OSHA and Missouri Division of Labor Standards.

Employee must immediately report any accidents or injuries to their supervisor.

Personal Protective Equipment (PPE): [Description of required PPE, if any].

17. Schedule Changes and Absences

Requests for schedule changes or shift swaps must be submitted to the [Shift Supervisor/Restaurant Manager] at least [Number] days in advance.

Absences must be reported to the [Shift Supervisor/Restaurant Manager] as soon as possible.

18. Termination of Employment

At-Will Employment: Employment is “at will” under Missouri law, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, and with or without notice, unless otherwise required by policy or local ordinance.

Voluntary Resignation: Employee must provide the Employer with at least [Number] weeks' written notice of resignation.

Final Paycheck: Employee's final paycheck will be available on [Date/Payday] in accordance with Missouri Revised Statutes.

Return of Property: Upon termination of employment, Employee must return all Employer property, including uniforms, keys, and any other company-owned items.

19. Confidentiality

Employee acknowledges that they may have access to confidential information, including trade secrets, customer information, and proprietary menu items.

Employee agrees not to disclose or misuse any confidential information during or after employment.

20. Intellectual Property

Any menu concepts or proprietary service methods developed by the Employee during the course of their employment shall be the property of the Employer.

21. Outside Employment

Employee agrees not to engage in any outside employment or activities that could create a conflict of interest or impact their ability to perform their duties.

22. Use of Personal Devices and Social Media

• Option A: The use of personal devices during work hours is prohibited, unless authorized by a supervisor.
• Option B: Employee must not use social media in a manner that could damage the Employer's reputation.

23. Compliance with Local Ordinances

Employee must comply with all applicable local ordinances concerning noise, public nuisance, and service hours.

24. Dispute Resolution

Informal Resolution: The parties agree to attempt to resolve any disputes informally.

Mediation: If informal resolution is unsuccessful, the parties agree to attempt mediation before resorting to legal action.

Venue and Choice of Law: Any legal action arising out of this Agreement shall be brought in a court of competent jurisdiction in [County Name] County, Missouri, and shall be governed by the laws of the State of Missouri.

25. Acknowledgement

Employee acknowledges receipt and understanding of the Employer's handbook, policy manual, and any specific restaurant operating procedures.

26. Right to Work

Employee confirms that they are legally authorized to work in the United States.

The Employer may participate in E-Verify or require I-9 documentation as required by federal law.

27. Missouri-Specific Notices

Employee acknowledges that the "Employee Rights Under Missouri Law" poster is displayed in the workplace and understands their rights under Missouri law.

Employee acknowledges receipt of information regarding Missouri's wage and tip regulations.

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

Employer:

[Restaurant Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Employee:

[Employee Name]

Signature: ____________________________