Montana restaurant server employment contract template

Montana Restaurant Server Employment Contract

This Montana Restaurant Server Employment Contract (the "Agreement") is made and entered into as of [Date of Signing] by and between [Restaurant Name], a [LLC/Inc./etc.] organized and existing under the laws of Montana, with its principal place of business at [Restaurant Address, City, State, Zip Code] and Montana business registration/license number [Business License Number] (the "Restaurant"), and [Employee Name], residing at [Employee Address, City, State, Zip Code] (the "Server").

1. Job Title and Duties

• Job Title: Full-Time Restaurant Server
• Duties: The Server will perform the following duties:
  • Greeting and seating guests promptly and courteously.
  • Presenting menus and describing menu items, highlighting local ingredients and potential allergens.
  • Taking food and beverage orders accurately using the Restaurant’s point-of-sale (POS) system.
  • Communicating special dietary needs or allergy information to kitchen staff.
  • Serving food and drinks in accordance with local health department and Montana Department of Public Health and Human Services (DPHHS) guidelines.
  • Bussing and resetting tables efficiently.
  • Performing cash and card transactions accurately.
  • Processing tips and participating in tip pooling (if applicable) in compliance with Montana’s tip credit and wage regulations.
  • Monitoring guest satisfaction and promptly addressing concerns.
  • Responding to feedback and complaints professionally.
  • Restocking stations and maintaining cleanliness in assigned work areas per Montana Food Code requirements.
  • Adhering strictly to Montana state and local alcohol service laws, including checking identification and refusing service in compliance with Montana Dram Shop liability statutes.
  • Assisting with opening and closing procedures.
  • Participating in required food safety and/or alcohol server training mandated by state/local ordinance.
• Reporting Structure: The Server will report to [Shift Manager Name] or [Restaurant Supervisor Name].
• Teamwork and Communication Standards:
  • Option A: The Server is expected to maintain a positive and collaborative attitude, communicating effectively with colleagues and management to ensure smooth service.
  • Option B: The Server is expected to adhere to the established communication protocols outlined in the employee handbook.

2. Work Location

• Primary Location: The Server's primary work location will be at [Restaurant Name] located at [Restaurant Address, City, State, Zip Code] in Montana.
• Multi-Location/Off-Site:
  • Option A: The Server may be required to work at other Restaurant locations within [City/County Name], Montana, as needed.
  • Option B: The Server may be required to work off-site for catering events.
  • Option C: No multi-location or off-site work is required.

3. Work Hours

• Full-Time Status: This is a full-time position.
• Expected Weekly Hours: The Server is expected to work approximately [Number] hours per week, with a minimum of [Minimum Number] and a maximum of [Maximum Number] hours.
• Scheduling Procedures: Work schedules will be posted [Number] days in advance.
• Schedule Change Notification: The Restaurant will provide written notice of schedule changes at least [Number] hours in advance, unless due to unforeseen circumstances (e.g., employee absence).
• Meal/Rest Breaks: The Server will be provided with a [Number]-minute unpaid meal break for shifts exceeding [Number] hours, and [Number] paid rest breaks of [Number] minutes for every [Number] hours worked, in accordance with Montana Department of Labor regulations.
• Seasonal Considerations/Shift Bidding:
  • Option A: During peak seasons, the Server may be required to work additional hours as needed.
  • Option B: The Restaurant utilizes a shift bidding system. Details are outlined in the employee handbook.
  • Option C: Not applicable.

4. Compensation

• Hourly Wage: The Server will be paid an hourly wage of [$Amount] per hour. This wage reflects the Montana minimum wage as of [Year].
• Tip Credit:
  • Option A: The Restaurant will utilize a tip credit, in accordance with Montana law. The direct wage paid is [$Amount] per hour.
  • Option B: The Restaurant does not utilize a tip credit.
• Tip Distribution:
  • Option A: The Server will retain all individual tips received.
  • Option B: The Restaurant utilizes a tip pooling system, where tips are pooled and distributed among servers based on [Distribution Method, e.g., percentage of sales].
  • Option C: The Restaurant utilizes a tip sharing system, where tips are shared with kitchen/bar staff based on [Sharing Method, e.g., percentage split].
• Overtime: The Server is eligible for overtime pay 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, in accordance with Montana law.
• Pay Period and Method: The Server will be paid [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit, check].
• Tip Reporting: The Server is responsible for accurately reporting all tips received to the Restaurant for income and tax purposes.
• Additional Compensation:
  • Option A: Signing Bonus: The Server will receive a signing bonus of [$Amount], payable [Payment Terms].
  • Option B: Shift Differential: The Server will receive a shift differential of [$Amount] per hour for working [Specific Shifts, e.g., weekend nights].
  • Option C: Performance Incentive: The Server may be eligible for performance-based incentives, as determined by the Restaurant. Details are available in the employee handbook.
  • Option D: No additional compensation will be provided.

5. Benefits

• Health Insurance:
  • Option A: The Server is eligible for health insurance benefits after [Number] days of employment. Details are available in the employee handbook.
  • Option B: The Server is not eligible for health insurance benefits.
• Vision and Dental Insurance:
  • Option A: The Server is eligible for vision and dental insurance benefits after [Number] days of employment. Details are available in the employee handbook.
  • Option B: The Server is not eligible for vision and dental insurance benefits.
• Retirement Plan:
  • Option A: The Restaurant offers a retirement plan with employer contributions. The Server is eligible after [Number] months of employment. Details are available in the employee handbook.
  • Option B: The Restaurant does not offer a retirement plan.
• Paid Leave:
  • Option A: Paid Vacation: The Server will accrue paid vacation time at a rate of [Accrual Rate].
  • Option B: Paid Sick Leave: The Server will accrue paid sick leave time at a rate of [Accrual Rate].
  • Option C: Paid Time Off (PTO): The Server will accrue PTO at a rate of [Accrual Rate].
  • Option D: The Restaurant does not offer paid vacation or sick leave.
• Unpaid Leave: The Server may be eligible for unpaid leave in accordance with applicable federal and state laws.
• Holidays: The Restaurant observes the following holidays: [List of Holidays]. Pay rates for working on holidays are outlined in the employee handbook.
• Meal Discounts/Staff Meals:
  • Option A: The Server is entitled to a [Percentage]% discount on meals during work hours.
  • Option B: The Server will be provided with a complimentary staff meal per shift.
• Uniforms/Work Attire:
  • Option A: The Restaurant will provide uniforms.
  • Option B: The Server is responsible for providing their own work attire, according to the Restaurant's dress code.
  • Option C: The Restaurant will reimburse the Server for the cost of required work attire up to [$Amount].
• Permits and Training: The Restaurant will [Pay/Reimburse] the Server for the cost of required state or county food handler permits and mandatory alcohol service training.

6. Intellectual Property and Confidentiality

• Intellectual Property: Any recipes, customer lists, or promotional concepts developed by the Server during their employment are the property of the Restaurant.
• Confidentiality: The Server agrees to maintain the confidentiality of all Restaurant business plans, non-public menu information, financial data, customer preferences, and staff discussions. The Server acknowledges that customer privacy and data protection are of utmost importance.

7. Conduct Standards

• Employee Handbook: The Server is required to adhere to the policies and procedures outlined in the Restaurant’s employee handbook.
• Grooming and Hygiene: The Server is expected to maintain a professional appearance and adhere to the Restaurant's grooming and hygiene standards.
• Attendance and Punctuality: The Server is expected to be punctual and maintain consistent attendance.
• Substance Use: The use of illegal substances or being under the influence of alcohol or drugs while on duty is strictly prohibited.
• Health and Safety: The Server must comply with all health and safety protocols, including mandated reporting of illness per the Montana Food Code.
• Alcohol Service: The Server must refuse service to visibly intoxicated patrons in accordance with Montana state law.
• Harassment and Discrimination: The Restaurant has a zero-tolerance policy for harassment or discrimination toward colleagues and patrons.
• Training: The Server is required to participate in periodic training on food safety and alcohol laws as required by local ordinance.

8. Non-Compete and Conflict of Interest

• Non-Compete: Due to Montana’s strong presumption against non-compete restrictions, any limitations are reasonable in scope, geography, and duration, and only justified for protection of legitimate business interests. Specifically, during the term of this employment and for [Number] months following termination, the Server shall not, within a [Number]-mile radius of the Restaurant, directly or indirectly work for a competing restaurant that is substantially similar to the Restaurant. This restriction applies only to protect the Restaurant's trade secrets and customer goodwill.
• Conflict of Interest: The Server agrees to disclose any potential conflicts of interest, including any secondary employment with competing establishments.

9. Employment At-Will

• At-Will Employment: This is an at-will employment relationship, as defined by the Montana Wrongful Discharge from Employment Act (WDEA). This means that either the Restaurant or the Server may terminate the employment relationship at any time, with or without cause, subject to the exceptions outlined in the WDEA.
• Probationary Period: The first [Number, up to 6] months of employment constitute a probationary period.
• Termination Procedures:
  • Voluntary Resignation: The Server is required to provide at least [Number] days written notice of resignation.
  • Involuntary Dismissal: The Restaurant may terminate the Server's employment for good cause after the probationary period, as defined by the WDEA.
  • Final Paycheck: Upon termination, the Server's final paycheck will be issued [Immediately/On the next regular payday], as required by Montana statute.
  • Return of Property: Upon termination, the Server must return all Restaurant property, including uniforms, keys, and any other company materials.
• Severance/Reference:
  • Option A: The Restaurant will provide a severance package to the Server upon termination under certain circumstances, as defined in the employee handbook.
  • Option B: The Restaurant will provide a reference letter upon request.
  • Option C: Not applicable.

10. Workplace Safety

• Workers' Compensation: The Restaurant provides workers' compensation insurance coverage in accordance with the Montana Workers' Compensation Act.
• Accident Reporting: The Server is required to report any on-the-job accidents or injuries immediately to their supervisor.
• Safety Training: The Server will receive occupational health and safety training, including safe equipment use, slip and fall prevention, and COVID-19 or food-borne illness protocols.
• Employee Responsibility: The Server is responsible for following all posted safety rules and regulations.

11. Anti-Discrimination and Harassment

• Equal Opportunity Employer: The Restaurant is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, age, sex, marital status, physical or mental disability, sexual orientation, gender identity, or any other protected characteristic in accordance with the Montana Human Rights Act.
• Harassment Policy: The Restaurant has a zero-tolerance policy for workplace harassment. The Server is encouraged to report any incidents of harassment to their supervisor or Human Resources.
• Reporting and Retaliation: The Restaurant prohibits retaliation against any employee who reports harassment or discrimination in good faith.
• I-9 Verification: The Server is required to provide documentation verifying their identity and eligibility to work in the United States, as required by the Immigration Reform and Control Act.

12. Dispute Resolution

• Informal Resolution: The Restaurant encourages informal resolution of any disputes or complaints.
• Mediation: If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through mediation.
• Jurisdiction and Venue: Any legal action arising out of or relating to this Agreement shall be brought in the state courts located in [County Name] County, Montana.

13. Miscellaneous

• Modification: This Agreement may be modified only by a written instrument signed by both parties.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Assignment: This Agreement may not be assigned by the Server without the prior written consent of the Restaurant.
• Notification: All notices required or permitted under this Agreement shall be in writing and delivered personally or by certified mail to the addresses set forth above.
• Acknowledgement: The Server acknowledges receipt of the Restaurant’s employee handbook and relevant training materials.

Signatures

____________________________
[Restaurant Name]
By: [Restaurant Representative Name]
Title: [Restaurant Representative Title]
Date: [Date]

____________________________
[Employee Name]
Date: [Date]