Nebraska restaurant server employment contract template

Nebraska Restaurant Server Employment Contract

Agreement Date: [Date]

1. Parties

Employer:

Legal Entity: [Restaurant Legal Name]

Corporate Address: [Restaurant Corporate Address]

Nebraska State License Number: [Restaurant License Number]

Employee:

Legal Name: [Employee Legal Name]

Permanent Address: [Employee Permanent Address]

Contact Phone: [Employee Phone Number]

Email: [Employee Email Address]

Emergency Contact Name: [Emergency Contact Name]

Emergency Contact Phone: [Emergency Contact Phone]

2. Position

Position Title: Restaurant Server

Job Description: As a Restaurant Server, you will be responsible for providing excellent guest service in a Nebraska restaurant setting. Your duties include:

Greeting guests and presenting menus.

Taking food and beverage orders accurately.

Providing recommendations and answering menu questions.

Communicating guest allergies and dietary needs to kitchen staff.

Serving food and beverages efficiently.

Clearing tables and maintaining cleanliness.

Setting up and preparing dining areas.

Monitoring guest satisfaction and addressing concerns.

Handling special requests and orders.

Processing guest payments using POS systems.

Demonstrating knowledge of restaurant menu and daily specials.

3. Alcohol Service Compliance

You are required to comply with Nebraska state laws regarding alcohol service, including:

Verifying legal drinking age.

Adhering to responsible alcohol service procedures.

Maintaining a Nebraska Responsible Beverage Server permit (if required by [City/County]).

Option A: Employee is required to obtain the permit at their own expense within [Number] days of hire.

Option B: Employer will pay for the employee's initial Responsible Beverage Server permit.

Option C: Responsible Beverage Server permit is not required in [City/County]

4. Reporting Relationship

You will report directly to: [Supervisor Title], or in their absence, [Manager Title].

Team Collaboration:

Option A: Servers are expected to collaborate effectively with other servers, bussers, and kitchen staff to ensure smooth service.

Option B: Servers are responsible for assisting bussers with table clearing and resetting during peak hours.

Option C: Servers are responsible for preparing specific items/drinks as part of a team service procedure.

5. Work Location

Primary Location: [Restaurant Address in Nebraska]

Option A: You may be required to work at other affiliated restaurant locations within Nebraska.

Option B: Any intra-location transfer will require [Number] days' notice.

Option C: Employer will reimburse reasonable travel expenses for work at other locations at [Rate].

6. Employment Type and Schedule

Employment Type: Full-time (defined as [Number] hours per week).

Standard Weekly Schedule: [Days of the week], [Start Time] - [End Time].

Shift Changes/Absences:

All shift changes must be requested at least [Number] days in advance and approved by [Supervisor Title].

Absenteeism requires notification to [Supervisor Title] at least [Number] hours prior to the start of the shift, except in documented emergencies.

7. Meal and Break Periods

While Nebraska law does not mandate meal or break periods for adults, the Employer provides the following:

Option A: A [Number]-minute unpaid meal break will be provided during shifts longer than [Number] hours.

Option B: A [Number]-minute paid rest break will be provided during shifts of [Number] hours or more.

Option C: Employees may consume meals during their shift at a designated time and location with [Specified food policies].

8. Overtime

Overtime will be paid for all hours worked over 40 in a workweek, in accordance with the Fair Labor Standards Act (FLSA).

Overtime Rate: One and one-half (1.5) times your regular rate of pay. If taking a tip credit, overtime will be calculated based on the full minimum wage, not the reduced wage.

Overtime Calculation: Based on total hours worked in the workweek, regardless of daily hours.

Overtime Approval: All overtime must be pre-approved by [Supervisor Title].

9. Compensation

Hourly Wage: [Dollar Amount] per hour, which complies with the Nebraska minimum wage law.

Tip Credit: The employer will take a tip credit of [Dollar Amount] per hour toward the Nebraska minimum wage.

Tip Reporting: All tips must be accurately reported to the Employer for tax purposes.

Tip Pooling:

Option A: Tips will be pooled and distributed according to the restaurant's tip pooling policy.

Option B: Tips are not pooled and belong solely to the server.

Option C: Tips will be shared with [Other staff positions] according to the restaurant's policy.

Tip Shortfall: If your hourly wage plus tips do not meet the Nebraska minimum wage, the employer will make up the difference.

10. Tip Handling Procedures

Tip Reporting: You are required to report all tips received to the employer accurately and in a timely manner.

Tip Pooling/Sharing: [Detailed description of the tip pooling/sharing arrangement, percentages for each role].

Electronic vs. Cash Tips: [Specify how electronic tips are distributed; state procedures for cash tips (e.g., keeping change, dropping in designated locations)].

Payroll/Tax Withholding: Tips will be subject to applicable payroll taxes, which will be withheld from your paycheck.

11. Benefits

Option A: Health Insurance: The employer offers health insurance coverage as described in the employee handbook. Eligibility requirements apply.

Option B: Dental Insurance: The employer offers dental insurance coverage as described in the employee handbook. Eligibility requirements apply.

Option C: Vision Insurance: The employer offers vision insurance coverage as described in the employee handbook. Eligibility requirements apply.

Option D: Retirement Plan: The employer offers a [401(k), SIMPLE IRA, etc.] retirement plan with details in the employee handbook.

Option E: Paid Time Off: You are eligible for [Number] days of paid time off per year, accrued according to company policy.

Vacation: [Number] days.

Personal Days: [Number] days.

Sick Leave: [Number] days.

Option F: Holiday Pay: You will be paid at a rate of [Rate] for working on the following holidays: [List of Holidays].

Option G: Meal Discounts: You are eligible for a [Percentage] discount on meals during your shift.

Option H: Uniforms: The employer will provide [Description of uniforms].

Uniforms will be cleaned by the employer.

Employee is responsible for cleaning uniforms.

Option I: Tuition Reimbursement: The employer offers a tuition reimbursement program as described in the employee handbook.

12. Workplace Appearance and Hygiene

You are expected to maintain a professional appearance and adhere to strict hygiene standards.

Uniform: [Detailed description of uniform requirements, including specific brands, colors, and required accessories].

Grooming: [Hair style, jewelry, and makeup guidelines].

Food Safety: Compliance with all Nebraska Department of Health and Human Services (DHHS) Food Establishment regulations.

Compliance: Employees must acquire and maintain any locally-mandated food handler cards.

13. Health and Sanitation Regulations

You are required to comply with all Nebraska and local health and sanitation regulations.

Food Handler Card: [State requirements related to food handler cards, and consequences for not having one as legally required].

14. COVID-19 and Infectious Disease Protocols

You are expected to adhere to all COVID-19 and other infectious disease safety protocols.

Health Screenings: [Description of health screenings].

Sick Leave: Report any symptoms of illness to [Supervisor Title].

Protective Equipment: The employer will provide [List of PPE].

15. Behavioral and Performance Standards

You are expected to maintain high standards of conduct and performance.

Guest Service Etiquette: [Detailed expectations for positive interaction with guests].

Professional Conduct: Treat all coworkers and guests with respect.

Order Accuracy: Ensure accuracy in all orders taken and delivered.

Timely Service: Provide prompt and efficient service to guests.

Cash/Credit Handling: Handle cash and credit transactions with integrity.

Adherence to Anti-Harassment Policies: Zero tolerance for harassment.

16. Workplace Complaints and Reporting

Report any workplace complaints to [Supervisor Title] or [Human Resources Contact].

Nebraska Equal Opportunity Commission (NEOC): You have the right to file a complaint with the NEOC. Contact information available in the employee handbook and at the restaurant.

17. At-Will Employment

Your employment is at-will, meaning that either you or the employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.

Voluntary Resignation: You are requested to provide at least [Number] weeks' notice of your resignation. Return all uniforms and company property upon termination.

Employer-Initiated Termination: Grounds for discipline or dismissal include but are not limited to: [List examples: insubordination, theft, violation of company policy, poor performance].

Final Paycheck: You will receive your final paycheck on the next regular payday or within two weeks of your termination date, whichever is sooner, as required by Nebraska law.

18. Dispute Resolution

Option A: Any disputes arising from this agreement shall be resolved through internal grievance procedures.

Option B: Any disputes arising from this agreement shall be resolved through mediation in [City, Nebraska].

Option C: Any disputes arising from this agreement shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Organization].

Option D: Any legal action related to this agreement shall be brought in the state or federal courts located in [County, Nebraska].

19. Workers' Compensation

You are covered by the Employer's workers' compensation insurance in accordance with Nebraska Workers' Compensation statutes.

Report any work-related injuries or illnesses to [Supervisor Title] immediately.

Information regarding workers' compensation is available from [Insurance provider contact information].

20. Anti-Discrimination and Anti-Harassment Policy

The employer is an equal opportunity employer and prohibits discrimination and harassment based on race, religion, color, national origin, ancestry, sex (including pregnancy), disability, age, or marital status, as protected by Nebraska law.

Anti-Harassment Training:

Option A: Employees are required to complete anti-harassment training within [Number] days of hire.

Option B: Anti-harassment policies are outlined in the employee handbook.

21. Confidentiality

You are required to maintain the confidentiality of customer payment information, employee and guest privacy, and proprietary restaurant information, including recipes and operational procedures.

22. Unauthorized Use of Property

You are prohibited from unauthorized possession or use of restaurant property or information, including customer data or business-sensitive materials.

23. Outside Employment and Personal Activities

Option A: Outside employment is permitted as long as it does not interfere with your job duties at the restaurant.

Option B: The employer prohibits any outside employment with competing restaurants.

Option C: Use of personal phones during work hours is restricted to break periods only.

24. Nebraska Leave Policies

Military Leave: You are entitled to military leave as required by Nebraska law.

Jury Duty: You are entitled to leave for jury duty as required by Nebraska law.

Jury duty leave is paid.

Jury duty leave is unpaid.

Voting Leave: [State the policy on time off for voting, paid or unpaid, and documentation needed.].

25. Compliance Notices

The employer will post all required Nebraska and federal employment law notices in a conspicuous location.

Wage and Hour Law Notice: Available for review in the breakroom.

Workers' Compensation Poster: Located in the [Location].

EEO Statement: The employer is an Equal Opportunity Employer.

26. Amendment

This contract may be amended by the employer with written notice to you. Your continued employment constitutes acceptance of any amendments.

Option A: Amendments require [Number] days' notice.

Option B: Amendments require employee acknowledgment.

27. Entire Agreement

This agreement constitutes the entire agreement between you and the employer and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.

Employee Signature: ____________________________ Date: ___________

Employer Signature: ____________________________ Date: ___________