Nevada restaurant server employment contract template

Nevada Restaurant Server Employment Contract

This Nevada Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Restaurant Legal Name], a Nevada [Entity Type, e.g., LLC] with its principal place of business at [Restaurant Address] (Nevada Business License #: [License Number]), hereinafter referred to as “Employer,” and [Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”

1. Position

Full-Time Restaurant Server

2. Job Duties

• Greeting and seating guests in a timely and professional manner.
• Taking accurate food and beverage orders, including modifications and special requests.
• Communicating menu details and allergy information to guests, adhering to Nevada health regulations.
• Serving food and beverage orders correctly and efficiently.
• Handling special dietary requests and allergen accommodations.
• Clearing tables and maintaining a clean and organized work area.
• Processing payments accurately using [POS System Name] (credit, cash, gift cards).
• Reconciling receipts and cash drawer at the end of each shift.
• Following Nevada food handling, liquor service, and health department standards.
• Mandatory ServSafe certification as per Nevada regulations.
• Nevada Alcohol Awareness Card (TAM Card) required, per NRS 369.

3. Reporting Structure

• Employee will report to the [Front-of-House Manager Name] or designated Supervisor.
• Employee will cooperate with kitchen, bar, and cleaning staff to ensure smooth service.

4. Work Location

• Primary work location: [Restaurant Name], located at [Restaurant Address], Nevada.
• Option A: Employee may be required to work at other restaurant locations owned and operated by Employer within [City Name], Nevada, with reasonable notice.
• Option B: Employee will exclusively work at the primary work location.

5. Employment Status and Hours

• Full-time employment under Nevada law.
• Minimum weekly hours: [Number]
• Maximum weekly hours: [Number]
• Overtime: 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, as required by NRS 608.018.
• Meal and rest breaks will be scheduled and provided in accordance with Nevada Revised Statutes.

6. Compensation

• Hourly wage: [Dollar Amount] per hour, which is at least Nevada minimum wage.
• Pay frequency: [Weekly/Bi-weekly/Monthly]
• Pay method: [Direct Deposit/Check]
• Overtime pay will be calculated as described in Section 5.
• Eligibility for service charges: [Yes/No]. If yes, specify distribution method: [Describe distribution method].
• Option A: Bonus or Incentive Programs: Employee may be eligible for participation in bonus or incentive programs as determined by Employer. Details will be provided separately.
• Option B: No bonus or incentive programs are currently offered.

7. Tips

• Employee is entitled to all tips received directly from customers.
• Tip credit utilization: Employer [Will/Will Not] utilize a tip credit, in compliance with federal and Nevada minimum wage laws.
• Tip pooling/sharing: [Yes/No].
• If yes, specify the tip pooling/sharing arrangement: [Describe Tip Pooling Arrangement]. Complying with Nevada tip pooling regulations.
• Employee responsibilities: Employee is responsible for accurately reporting all tips received to Employer for tax purposes, as per NRS 608.160.

8. Benefits

• Paid Leave: Employee will accrue paid leave in accordance with Nevada's mandatory paid leave law, NRS 608.0197.
• Option A: Health, vision, and dental insurance: Employee is eligible for health, vision, and dental insurance coverage after [Number] days of employment, subject to the terms and conditions of the Employer's benefit plans.
• Option B: No health, vision, and dental insurance offered.
• Employee meals or discounts: Employee is eligible for [Free meals/Discounted meals/No meals] during work hours. Details of the discount policy are: [Description].
• Option A: Retirement plan: Employer offers a [401(k)/Other retirement plan]. Eligibility details: [Eligibility Requirements].
• Option B: No retirement plan is offered.
• Option A: Other perks: [Uniforms provided/Parking provided/Transportation allowance]. Details: [Description].
• Option B: No other perks are provided.

9. Certifications and Cards

• Employee is responsible for obtaining and maintaining a valid ServSafe certification and a Nevada Alcohol Awareness Card (TAM Card) as required by Nevada law.
• Option A: Employer will reimburse the cost of the initial ServSafe certification and TAM card upon successful completion.
• Option B: Employee is responsible for all costs associated with obtaining and maintaining required certifications and cards.

10. Food Safety and Hygiene

• Employee must comply with all food safety and hygiene standards as required by the Southern Nevada Health District and Nevada Administrative Code.
• Employee must report any illness or condition that could potentially contaminate food to their supervisor immediately.
• Employee must adhere to all health inspection requirements.

11. Conduct and Professionalism

• Employee must maintain a professional and courteous demeanor towards guests, colleagues, and supervisory staff.
• Employee must adhere to all company policies regarding workplace conduct, referencing Nevada law on anti-harassment in hospitality workplaces.

12. Anti-Discrimination and Equal Opportunity

Employer is an equal opportunity employer and will not discriminate against any employee or applicant for employment based on race, color, religion, sex, national origin, age, disability, sexual orientation, or any other characteristic protected by federal, state, or local law, in compliance with NRS 613.

13. Workplace Harassment

Employer maintains a zero-tolerance policy for harassment of any kind. Employee should report any incidents of workplace harassment or guest misconduct immediately to their supervisor or HR department, following Nevada Hospitality Worker protections (NRS 613.230-613.335).

14. Confidentiality

Employee agrees to maintain the confidentiality of all proprietary information, including recipes, menus, pricing, customer data, and operational procedures.

15. Intellectual Property

• Option A: Any recipes or specials created by Employee during their employment shall be the sole property of Employer.
• Option B: Intellectual property rights will be determined on a case-by-case basis.

16. Uniform and Personal Appearance

• Employee must adhere to the Employer's uniform and dress code requirements, as well as personal hygiene standards as follows: [Detailed Description of Uniform and Personal Hygiene].
• Employee is required to wear a name tag while on duty.

17. Cash Handling and Fraud Prevention

• Employee is responsible for accurately handling cash and processing payments.
• Employee is responsible for preventing fraud and theft.
• Liability for cash or payment shortages will be addressed in accordance with Nevada rules prohibiting unlawful wage deductions.

18. Use of Restaurant Property

• Employee must use restaurant property, including POS terminals, phones, and keys, responsibly and for business purposes only.
• Employee is responsible for any loss or damage to restaurant property caused by their negligence.

19. Guest Complaints and Lost Property

Employee must handle guest complaints and lost property according to Employer's policies and procedures, and in accordance with Nevada consumer protection requirements.

20. Alcohol Service

Employee must comply with all local ordinances and Employer policies regarding alcohol service, including checking IDs, reporting refusals, and collaborating with bartenders on service cutoffs.

21. Training and Performance Evaluations

• Employee will participate in required training programs and onboarding procedures.
• Employee will be subject to periodic performance evaluations.

22. Termination

• Employment is at-will, meaning that either the Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to Nevada law.
• For-cause termination will require documentation of the reasons.
• Final paycheck will be provided to Employee within the time period required by Nevada law.

23. Workplace Injury and Workers' Compensation

• Employee must report any workplace injury immediately to their supervisor.
• Employee is covered by workers' compensation insurance under the Nevada Industrial Insurance Act.

24. Workplace Safety and Harassment

Employer is committed to providing a safe and respectful work environment. Employee should report any instances of workplace violence or sexual harassment immediately.

25. Dispute Resolution

• Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal complaint procedures and, if unresolved, through mediation in [City, Nevada].
• Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Nevada], in accordance with the rules of the American Arbitration Association.
• Internal complaint/reporting procedures are outlined in the employee handbook.

26. Governing Law and Venue

• This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada.
• Venue for any legal action arising out of or relating to this Agreement shall be in the county of employment.

27. Recordkeeping and Timekeeping

• Employee is responsible for accurately recording their work hours using the Employer's timekeeping system.
• Employee must sign in and out for each shift, compliant with NRS and Employer policy.

28. Accommodation and Leave Rights

Employer complies with all applicable laws regarding accommodation and leave rights, including FMLA and ADA.

29. Non-Compete/Non-Solicitation

Employee understands that non-compete or non-solicitation clauses are generally unenforceable in Nevada, except in limited circumstances defined by law, and therefore this contract does not contain one.

30. Modification

This Agreement may be modified only by a written instrument signed by both Employer and Employee.

31. Language

Employee acknowledges that they have received a copy of this Agreement in [English/Spanish/Other Language], which is their preferred language.

32. Acknowledgement of Handbook and Policies

Employee acknowledges receipt of the Employer’s employee handbook, workplace safety policies, and information regarding reporting mechanisms.

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

[Restaurant Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Employee Signature: ____________________________