New Hampshire chef employment contract template
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How New Hampshire chef employment contract Differ from Other States
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New Hampshire does not require a written non-compete agreement for chefs unless it is specifically negotiated and signed post-hire.
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State labor laws in New Hampshire mandate that all final wages, including earned tips, must be paid within 72 hours of termination.
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New Hampshire's minimum wage is tied to the federal rate; however, tip credit rules and overtime provisions can differ from neighboring states.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for chefs in New Hampshire?
A: A written contract is not legally required but is highly recommended for clarity and legal protection of both parties.
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Q: Can a New Hampshire chef employment contract include a non-compete clause?
A: Yes, but New Hampshire law limits enforcement and requires the non-compete to be reasonable in duration and scope.
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Q: How quickly must a chef be paid after leaving a job in New Hampshire?
A: Employers must pay all final wages, including tips, within 72 hours after the chef’s last day of work.
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New Hampshire Chef Employment Contract
This New Hampshire Chef Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Legal Name], a [State] [Business Type, e.g., Corporation] with its principal place of business at [Employer Address], New Hampshire (“Employer”), and [Chef Legal Name], residing at [Chef Address] (“Chef”).
1. Employment
Option A: Employer hereby employs Chef, and Chef hereby accepts employment with Employer, as a full-time Chef at [Restaurant Name] located at [Restaurant Address], New Hampshire.
Option B: Employer hereby employs Chef, and Chef hereby accepts employment with Employer, as a full-time [Specific Chef Title, e.g., Executive Chef, Sous Chef, Pastry Chef] at [Restaurant Name] located at [Restaurant Address], New Hampshire.
2. Job Responsibilities
The Chef's responsibilities include, but are not limited to:
- Menu planning and rotation.
- Recipe development.
- Ingredient sourcing and vendor negotiation.
- Supervising kitchen staff and delegating culinary tasks.
- Maintaining inventory and ordering supplies.
- Full compliance with New Hampshire Food Code and local health regulations.
- Conducting daily kitchen safety and sanitation inspections.
- Monitoring food quality and presentation.
- Adherence to allergen labeling laws.
- Direct interaction with guests for special dietary requests.
Option A: The Chef will report directly to the [Reporting Person, e.g., Head Chef, Restaurant Manager, Owner].
Option B: The Chef will collaborate with the front-of-house staff and other key staff as needed.
Option C: The Chef is expected to train staff on food safety and kitchen protocol.
Chef is responsible for immediately reporting any suspected foodborne illness incidents in accordance with New Hampshire Department of Health and Human Services (DHHS) rules.
3. Qualifications and Certifications
Option A: The Chef must possess a current New Hampshire ServSafe® or equivalent food safety certification.
Option B: The Chef is responsible for continuing education as required by state or local authorities related to food safety.
Option C: The Chef must hold a degree or certification from [Culinary School/Institution Name].
4. Employment Classification and Schedule
The Chef is classified as a full-time employee under New Hampshire law.
The standard work week is [Number] hours.
Option A: The Chef's schedule will be determined by the Employer and may include variable shift assignments.
Option B: The Chef's typical work schedule is [Days of the week], from [Start Time] to [End Time].
Option C: Point-in-time “call-in” or split shift procedures may be required based on business needs.
The Chef is entitled to meal/rest breaks consistent with New Hampshire wage and hour rules.
The Chef is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, as outlined in NH RSA 279:21.
5. Compensation
Option A: The Chef's annual base salary is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly, monthly].
Option B: The Chef's hourly wage is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly, weekly].
Option C: The Chef is eligible for inclusion in the tip pool, subject to applicable New Hampshire and federal FLSA regulations. The percentage of tips allocated to the Chef will be [Percentage].
Option D: The Chef may be eligible for performance-based bonuses, based on [Bonus Criteria, e.g., customer satisfaction targets, cost efficiency metrics]. Details of the bonus structure are outlined in Exhibit A.
Overtime will be calculated in accordance with New Hampshire law.
6. Benefits
Option A: The Chef is eligible for health, dental, and vision insurance after [Number] days of employment.
Option B: The Chef is eligible for [Number] paid sick days per year.
Option C: The Chef is eligible for [Number] days of paid vacation leave per year. Accrued leave reporting will follow New Hampshire law, including payout upon separation as applicable.
Option D: The Chef is covered by workers' compensation insurance as required by New Hampshire law.
Option E: The Employer offers a retirement/401(k) plan. Details are available in the employee handbook.
Option F: The Chef is entitled to a staff meal per shift.
Option G: The Employer provides a uniform allowance of [Dollar Amount] per [Time Period].
Option H: The Employer will reimburse the Chef for tuition/training related to culinary skills, ServSafe® recertification, or continuing education up to [Dollar Amount] per year, subject to prior approval.
7. Kitchen Safety Policies
The Chef must comply with all New Hampshire Department of Labor and Occupational Safety and Health Administration (OSHA) standards for restaurant work.
The Chef must use all required protective equipment.
The Chef is expected to maintain personal hygiene and professional conduct.
The Employer maintains a zero-tolerance policy for workplace violence or harassment.
The Chef must report any kitchen accidents immediately to [Reporting Person].
The Chef is required to participate in safety training or emergency drills as scheduled.
8. Confidentiality
The Chef agrees to maintain the confidentiality of restaurant proprietary recipes, supplier relationships, and customer information.
The Chef's use of confidential information is limited to the performance of their duties for the Employer.
These confidentiality obligations survive the termination of this Agreement.
9. Intellectual Property
Any original recipes or menus created by the Chef in the course of employment shall be the property of the Employer.
Option A: The Chef retains ownership of any pre-existing personal chef work or signature dishes disclosed to the Employer in writing prior to the start date of employment.
10. Outside Employment
The Chef is prohibited from engaging in unauthorized outside catering, pop-ups, or private chef work that competes with or conflicts with the Employer's business.
Option A: The Chef may engage in pre-approved offsite events with written consent from the Employer.
Any outside employment must comply with all New Hampshire laws regarding secondary employment.
11. Restrictive Covenants
Option A: (If applicable) The Chef agrees not to work for a competing restaurant within a [Number] mile radius of the Employer's location for a period of [Number] months following termination of employment.
Option B: (If applicable) The Chef agrees not to solicit the Employer's employees or customers for a period of [Number] months following termination of employment.
The necessity, limited duration, and limited geographic scope of any restrictive covenants are intended to comply with New Hampshire law, including RSA 275:70-a.
12. Termination
The Chef's employment is at-will, meaning that either the Chef or the Employer may terminate the employment relationship at any time, with or without cause, subject to the notice requirements outlined below.
Option A: The Chef must provide [Number] weeks written notice of resignation.
Option B: The Employer may terminate the Chef's employment with cause (e.g., gross misconduct, health code violations) immediately.
Option C: The Employer may terminate the Chef's employment without cause with [Number] weeks written notice.
Upon termination, the Employer will provide the Chef with their final wage payment in accordance with New Hampshire RSA 275:44.
The Chef must return all keys, uniforms, culinary tools, and confidential materials upon termination.
13. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through good-faith internal resolution efforts.
If internal resolution fails, the parties agree to attempt mediation or arbitration in New Hampshire before resorting to civil litigation.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
The exclusive jurisdiction for any legal action related to this Agreement shall be in the state and federal courts located in New Hampshire.
14. Anti-Discrimination and Harassment
The Employer is committed to complying with all New Hampshire and federal anti-discrimination, workplace harassment, and equal employment opportunity regulations.
The Employer prohibits discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or any other protected characteristic under applicable law.
The Chef is required to report any incidents of discrimination or harassment to [Reporting Person].
The Chef is required to participate in anti-harassment training as scheduled.
15. Immigration and Work Authorization
The Chef must provide documentation verifying their eligibility to work in the United States as required by federal and New Hampshire law.
16. Kitchen Policies
The Chef agrees to comply with all kitchen policies, including knife/tool management, allergy procedures, time/temperature monitoring, and local practices such as approved forager lists or farm-to-table supply chain documentation as required by local health departments or culinary standards in New Hampshire.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Chef Legal Name]
Signature: ____________________________