New Jersey restaurant server employment contract template

New Jersey Restaurant Server Employment Contract

This Full-Time Restaurant Server Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:

[Restaurant Name], a [State] [Business Structure, e.g., Corporation], with its principal place of business at [Restaurant Address], hereinafter referred to as "Employer," and

[Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

Employer’s Principal Contact: [Principal Full Name]

Employer’s Principal Contact Phone: [Phone Number]

Employee’s Phone Number: [Phone Number]

1. Position:

The Employer hires Employee as a Restaurant Server.

Option A: The Employee's job responsibilities include, but are not limited to: greeting and seating guests, presenting menus, explaining daily specials and allergen information, taking food and beverage orders, communicating with kitchen/bar staff, serving and clearing dishes, processing payments using point-of-sale (POS) systems, handling cash/credit transactions and receipts, addressing guest inquiries, resolving complaints courteously, maintaining cleanliness of service areas, resetting tables, refilling beverages, ensuring compliance with food safety and sanitation codes, and participating in relevant restaurant meetings or trainings.

Option B: (Add specific duties related to your establishment, for example: "Preparing specific cocktail recipes", "Assisting with event setup") [Add specific duties here]

2. Work Location:

The Employee will primarily work at the Employer's restaurant located at [Restaurant Address] in New Jersey.

Option A: Employee may also be required to work at off-site catering events or other locations designated by the Employer.

Option B: (Specify other locations) [List other locations here]

The Employee's primary reporting manager is [Manager Name], [Job Title].

3. Employment Status and Hours:

Employment is full-time.

Option A: The Employee's expected weekly hours are approximately [Number] hours per week.

Option B: Standard schedule includes [Describe schedule, e.g., opening/closing shifts, split shifts, rotating weekends/holidays].

The schedule will be posted [Number] days in advance. Employees must submit availability requests [Number] days in advance of schedule posting. Employee must clock in and out using the [Clock-in method].

4. Overtime, Breaks and Meal Periods:

Employee shall be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked in excess of forty (40) hours in a workweek, in compliance with New Jersey law.

Option A: Employee is entitled to a 30-minute unpaid meal break for every five (5) continuous hours of work, unless waived as per law.

Option B: Employee is entitled to 10-minute paid rest breaks, as appropriate.

[Location of break areas]

5. Compensation:

The Employer will pay the Employee a base hourly wage of [Dollar Amount], which is compliant with New Jersey’s tipped minimum wage.

Option A: The Employer utilizes a tip pool/sharing policy. Tips will be pooled/shared according to the following policy: [Describe tip pooling/sharing policy, e.g., servers share tips with bussers and bartenders]. This policy complies with New Jersey law and only includes employees customarily and regularly tipped. Management/supervisors are excluded from the tip pool.

Option B: (If no tip pooling/sharing) The Employee retains all tips earned directly from customers.

Pay frequency is [Weekly/Bi-weekly]. Payment method is [Direct Deposit/Check]. Employee will receive itemized wage statements as required by New Jersey Wage Payment Law.

6. Deductions:

Allowable payroll deductions include: federal and state taxes, court-ordered deductions, and voluntary benefit deductions.

Option A: Tips are considered in calculating any tip credit towards minimum wage compliance.

Option B: Correction protocol for errors/missing tips: [Describe protocol]

7. Benefits:

Option A: The Employee is eligible for health, dental, and vision insurance after [Number] days of employment. Details about eligibility and enrollment will be provided separately.

Option B: Paid time off, including vacation and sick days, will accrue in accordance with New Jersey Earned Sick Leave Law (1 hour of sick time per 30 hours worked, up to 40 hours per year). Procedures for requesting and using leave will be provided separately.

Option C: (If offering a retirement plan) The Employer offers a 401(k) retirement plan. Details regarding eligibility, matching contributions, and vesting will be provided separately.

Option D: [Add any other benefits here]

Eligibility Requirements: [Specify Requirements]

Upon termination, unused vacation or sick time will be paid out in accordance with New Jersey law.

8. Uniform and Dress Code:

The Employee is required to wear the following uniform: [Describe uniform requirements].

Option A: The Employer is responsible for the cost and maintenance of the uniform.

Option B: The Employee is responsible for the maintenance of the uniform.

The Employer will reimburse the Employee for significant uniform-related costs, if mandated by New Jersey law.

9. Training and Certifications:

The Employee is required to obtain and maintain certifications in [List required certifications, e.g., food safety/Safe Serve, alcohol service (TIPS), allergen awareness], as required by New Jersey law and local board of health.

Option A: The Employer will provide training or reimbursement for required certifications.

Option B: The employee is responsible for obtaining and covering the costs of said certifications.

10. Anti-Discrimination and Harassment:

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, creed, national origin, age, sex, sexual orientation, gender identity, marital status, pregnancy, liability for military service, disability, genetic information, or any other characteristic protected by New Jersey Law Against Discrimination. Employees should report any incidents of discrimination or harassment to [Designated Contact Person/Department]. The Employer will promptly investigate all complaints and take appropriate action. Retaliation against any employee who reports discrimination or harassment is strictly prohibited.

11. Code of Conduct:

The Employee is expected to adhere to the following code of conduct: promptness, attendance, hygiene, positive guest interaction, adherence to food and alcohol handling standards, and prohibition of on-duty substance use. The use of mobile devices is restricted to [Specify restrictions] during work hours.

12. Safety and Sanitation:

The Employee must comply with all New Jersey food safety regulations and sanitation standards. Regular sanitation training will be provided. Employees must report any accidents or incidents to [Designated Contact Person/Department]. The Employer will maintain a safe working environment and provide proper training on handling hazardous materials and using designated cleaning products. Procedure for on-job injuries will be followed including New Jersey workers’ compensation claim process.

13. Confidentiality:

The Employee must maintain the confidentiality of all restaurant operations, recipes, business data, and customer information. The Employee may not disclose this information during or after employment.

Option A: (If applicable) Specific provisions apply to the protection of proprietary guest lists or reservation data.

14. At-Will Employment:

Employment is at-will. The Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to the conditions below.

Option A: (If providing notice) The Employee must provide [Number] days' written notice of resignation.

The employer reserves the right to terminate the employee without notice for gross misconduct, theft, or repeated policy violations. Upon termination, the Employee will receive their final paycheck and tip payout in accordance with New Jersey law. The Employee must return all restaurant property and uniforms. An exit interview may be conducted. Tip reconciliation will occur at termination.

15. Non-Solicitation and Non-Disparagement:

During employment and for a period of [Number] months following termination, the Employee agrees not to solicit employees of the Employer. The Employee agrees not to disparage the Employer or its products or services.

16. Grievance Procedure:

Any disputes regarding pay, scheduling, or harassment should be raised with [Designated Contact Person/Department]. The Employer will investigate all complaints and take appropriate action. Documentation of the complaint and resolution process will be maintained. New Jersey law and venue will govern all disputes.

17. Employment Eligibility:

The Employee must provide documentation establishing their employment eligibility and right to work in the United States, as required by federal and state law (I-9 process). The Employee must notify the Employer of any change in their employment eligibility.

18. Substance Abuse Policy (Optional):

Option A: The Employer maintains a substance abuse and drug testing policy. The Employee acknowledges receipt of the policy.

Option B: (If no policy) The employer does not have any policy on substance abuse and drug testing.

19. Workplace Postings:

The Employer maintains mandatory workplace postings, including New Jersey Wage and Hour Law, Earned Sick Leave notice, and anti-discrimination posters.

20. Employee Meals and Discounts (Optional):

Option A: The Employee is entitled to a [Percentage]% discount on meals purchased at the restaurant.

Option B: The Employee is entitled to one free meal per shift.

Option C: A shift food/drink allowance of [Dollar Amount] is given for use on-shift.

Limitations and tax treatment of these benefits will be disclosed separately.

21. New Jersey Paid Family Leave and Temporary Disability:

The Employee is entitled to benefits under the New Jersey Paid Family Leave Insurance (Family Leave Insurance program) and temporary disability benefits. The Employee must notify the Employer and follow the claim process as outlined by the State of New Jersey. Return-to-work expectations will be communicated upon approval of leave.

22. Chain of Command:

The Employee should direct workplace issues, scheduling requests, or time off requests to [Designated Contact Person]. Safety concerns should be reported to [Designated Contact Person].

23. Acknowledgment:

The Employee acknowledges that they have read and understand this Agreement, as well as the Employer's employee handbook, and have had the opportunity to ask questions.

Employee Signature: _______________________________ Date: ___________

Employee Printed Name: [Employee Full Legal Name]

Employer Signature: _______________________________ Date: ___________

Employer Printed Name: [Principal Full Name]

Restaurant Name: [Restaurant Name]