New Hampshire restaurant server employment contract template

New Hampshire Restaurant Server Employment Contract

This New Hampshire Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date] by and between:

• [Restaurant Name], a [LLC/Corporation] organized and existing under the laws of New Hampshire, with its principal place of business at [Restaurant Address] ("Employer"), and
• [Employee Name], residing at [Employee Address] ("Employee").

1. Employment

• Option A: Employer hires Employee as a full-time Restaurant Server.
• Option B: Employer hires Employee as a part-time Restaurant Server. (If Part-Time, specify average hours per week: [Number])
• The principal place of employment is [Restaurant Address].

2. Job Duties

• Employee shall perform the following duties:
  • Greeting guests with a friendly and welcoming demeanor.
  • Accurately taking and delivering food and beverage orders using [POS System/Handheld Device].
  • Understanding and describing menu items, including ingredients, preparation methods, potential allergens, and specials.
  • Answering guest questions regarding ingredients or preparation methods.
  • Table setup and cleaning, including resetting tables for new guests.
  • Handling cash and electronic payments, and providing accurate change.
  • Maintaining composure and providing excellent customer service in a fast-paced environment.
  • Collaborating effectively with kitchen and bar staff.
  • Following all food safety, sanitation, and hygiene practices as mandated by New Hampshire public health regulations.
  • Upholding the restaurant's standards for customer satisfaction.
  • Observing responsible alcohol service per New Hampshire Liquor Commission (NHLC) guidelines, including checking IDs.
  • Immediately reporting any safety or customer incidents to [Supervisor Title].
  • Complying with all employer policies and procedures.
• Option A: Employee may be required to perform additional duties as assigned by [Supervisor Title].
• Option B: No additional duties will be assigned beyond those specifically listed above.

3. Work Schedule

• Employee’s regular work schedule is as follows:
  • Minimum hours per week: [Number]
  • Typical shift pattern: [Specify Days and Times, e.g., Monday-Friday, 5:00 PM - 10:00 PM]
  • Option A: Split shifts may be required.
  • Option B: Rotating shifts may be required.
• Duration of meal break: [Number] minutes (unpaid).
• Timekeeping procedures: Employee must accurately record their time worked using [Timekeeping Method, e.g., Time Clock, Time Sheet].
• Consequences for attendance policy violations: [Specify Consequences, e.g., Verbal Warning, Written Warning, Termination].

4. Compensation

• Employee’s base hourly wage is [Dollar Amount]. This wage is compliant with New Hampshire’s minimum cash wage for tipped employees.
  • Option A: Employer utilizes the tip credit under RSA 279:21. If Employee's tips and wage do not equal the state minimum wage, Employer will pay the difference.
  • Option B: Employer does not utilize the tip credit.
• Frequency of payment: [Weekly/Bi-weekly].
• Method of payment: [Check/Direct Deposit].
• Tip pooling/sharing/tip-out requirements:
  • Option A: Employee is required to participate in a tip pool with [Specify Positions Sharing Tips]. The tip-out percentage is [Percentage]%.
  • Option B: Employee is not required to participate in a tip pool.
  • Employee is responsible for accurately reporting all tips to the Employer for tax purposes.
  • Credit card tips will be distributed [Specify Distribution Schedule]. Employer will [Deduct/Not Deduct] credit card processing fees from tips, but in no instance shall this reduce the total received below minimum wage.
• Option A: Employee is eligible for a [Bonus Type] bonus, based on [Criteria].
• Option B: Employee is not eligible for any bonuses.
• Performance evaluations will be conducted [Frequency]. Wage reviews will be conducted [Frequency].

5. Overtime

• Employee 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 required by New Hampshire and federal law.
• All overtime hours must be approved in advance by [Supervisor Title].
• Employee is responsible for accurately recording all overtime hours worked.

6. Benefits

• Option A: Employee is eligible for the following benefits after [Number] days of employment:
  • Group health insurance.
  • Group dental insurance.
  • Group vision insurance.
  • Sick leave: [Number] days per year.
  • Paid time off (PTO): [Number] days per year.
  • Meal discounts: [Specify Discount].
  • Uniform allowance: [Dollar Amount] per [Frequency].
• Option B: Employee is not eligible for benefits beyond those required by law.
• Employer complies with federal FMLA requirements if the restaurant meets the criteria.
• Employee Assistance Program: [Specify Details or N/A]

7. Uniform/Dress Code

• Employee is required to wear the following uniform: [Describe Uniform].
• Option A: Employer will provide the uniform.
• Option B: Employee is responsible for providing the uniform.
• All employees must maintain a professional appearance at all times, adhering to hygiene and grooming standards.

8. Behavioral Standards and Code of Conduct

• Employee must adhere to the highest standards of customer service, hygiene, and professionalism.
• Employee must comply with the Employer's anti-harassment and anti-discrimination policies, which prohibit any form of workplace misconduct, including sexual harassment.
• Employee is prohibited from being under the influence of drugs or alcohol while on duty.
• Employee is responsible for maintaining the confidentiality of customer and business information.
• Employee must adhere to the Employer’s social media policy, as outlined in the employee handbook.
• Use of mobile devices or personal calls during working hours is restricted to break times only.

9. Workplace Safety

• Employee is obligated to report any workplace injuries, accidents, or food safety violations immediately to [Supervisor Title].
• Employee must comply with all safety standards and regulations established by the New Hampshire Department of Labor and OSHA.
• Employee is required to participate in all employer-led training programs, including workplace safety, harassment prevention, food safety, and responsible alcohol service.

10. Employment-at-Will

• Employee’s employment is at-will, meaning that either Employee or Employer may terminate the employment relationship at any time, with or without cause, subject to applicable law.
• Employee must provide [Number] days' written notice of resignation.
• In the event of termination by Employer, Employee will receive final pay, accrued tip distribution, and any outstanding reimbursements as required by New Hampshire law. This shall be paid within 72 hours.
• Employee is responsible for returning all uniforms, keys, and other Employer property upon termination.

11. Anti-Discrimination and Equal Employment Opportunity

• Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, marital status, veteran status, or any other protected class under federal or New Hampshire law.
• Employer is committed to providing a workplace free of harassment and discrimination. Any employee who believes they have experienced or witnessed discrimination or harassment should report it immediately to [Designated Contact Person].

12. Outside Employment

• Employee [Is/Is Not] permitted to engage in outside employment, provided that such employment does not interfere with the Employee’s duties to the Employer.
• Employee is prohibited from working for competing establishments while employed by Employer.
• Employee agrees not to solicit customers or employees of the Employer for any other business venture during or after their employment.

13. Acknowledgment of Workplace Monitoring

• Option A: Employee acknowledges that the Employer may use video surveillance, monitor POS terminals, and/or use security cameras in non-private work areas for security and operational purposes.
• Option B: Employer does not use video surveillance or monitoring.

14. Tip Reporting

• Employee agrees to accurately report all tips received to the Employer for tax compliance purposes.
• Employee agrees to cooperate with any Employer tip reporting program required by the IRS and the New Hampshire Department of Revenue Administration.

15. Unemployment Insurance and Workers' Compensation

• Employer provides unemployment insurance coverage as required by New Hampshire law.
• Employer provides workers' compensation coverage through [Insurance Carrier Name]. Employee must report any work-related injuries immediately to [Supervisor Title].

16. Grievance and Dispute Resolution

• Employee is encouraged to address any grievances or disputes with their [Supervisor Title].
• Employer encourages internal complaint resolution.
• Option A: Employer and Employee agree to attempt to resolve any disputes through voluntary mediation before pursuing litigation.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.

17. Changes to Handbook or Employment Terms

• Employer reserves the right to modify its employee handbook or employment terms at any time.
• Employee will be notified of any changes to the handbook or employment terms.
• Option A: Employee acknowledgment and signature will be required for any updates.
• Option B: Employee acknowledgment will not be required for updates, but notification will be provided.

18. Employment Authorization and Background Check

• Employee must provide proof of employment authorization as required by federal and New Hampshire law (Form I-9).
• Option A: Employment is contingent upon a satisfactory background check and reference verification.
• Option B: No background check or reference verification is required.

19. Entire Agreement

• This Agreement constitutes the entire agreement between Employer and Employee and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.
• Any modifications to this Agreement must be in writing and signed by both Employer and Employee.

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

_______________________________

[Employer Representative Name], [Employer Representative Title]

[Restaurant Name]

_______________________________

[Employee Name]

Employee