New Mexico restaurant server employment contract template

New Mexico Restaurant Server Employment Contract

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

[Restaurant Legal Name], with a 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."

WITNESSETH:

WHEREAS, Employer operates a restaurant in New Mexico; and

WHEREAS, Employer desires to employ Employee as a Restaurant Server, and Employee desires to be so employed;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Position:

The Employee is hired as a Restaurant Server.

• Option A: The Employee will also perform duties such as [List of additional duties].
• Option B: No additional duties are required beyond the core responsibilities outlined below.

2. Job Responsibilities:

Employee shall perform the following duties:

• Table setup and preparation.
• Greeting customers and presenting menus.
• Explaining menu items and answering questions.
• Taking customer orders and entering them into the POS system.
• Delivering food and beverages to tables.
• Refilling drinks and providing ongoing service.
• Removing used dishes and cleaning tables.
• Upselling menu items and promoting specials.
• Handling special orders (allergies, dietary needs).
• Processing payments and providing correct change/tips.
• Cleaning and resetting tables.
• Assisting with inventory management.
• Participating in pre-shift meetings.
• Following food safety and sanitation requirements.
• Adhering to restaurant-specific service protocols.

3. Work Location:

The primary work location is [Restaurant Name] located at [Restaurant Address] in New Mexico.

• Option A: Employee may be required to work at other restaurant locations owned or operated by Employer within New Mexico. [List Locations]
• Option B: Employee may be required to work at off-site events, such as banquets or catering events.

4. Employment Status and Work Hours:

This is a full-time employment position.

• Option A: Employee's weekly work hours will be approximately [Number] hours per week.
• Option B: Employee's daily shift schedule will be [Start Time] to [End Time], [Days of the Week].
• Option C: Employee will receive a [Number] minute rest break and a [Number] minute meal break per [Number] hour shift.
• Option D: Employee may be required to work on-call or split shifts as needed.
• Option E: Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, as required by New Mexico law.
• Option F: Schedule changes will be communicated with at least [Number] days' notice, except in cases of emergency.

5. Compensation:

Employee will be compensated as follows:

• Option A: Hourly wage of [Dollar Amount] per hour.
• Option B: Employer intends to take a tip credit of [Dollar Amount] per hour as permitted by New Mexico minimum wage law. This means that the Employee's hourly wage will be [Dollar Amount] per hour, with the expectation that tips will bring the Employee's total compensation up to at least the applicable minimum wage.
• Option C: Wages will be paid [Frequency - e.g., bi-weekly] via [Method of Payment - e.g., direct deposit, check].
• Option D: Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek.
• Option E: Employee is responsible for reporting all tip income to the IRS and complying with all applicable tax laws.
• Option F: Employer maintains a tip pooling/sharing policy, the details of which are outlined in [Document Name/Location]. This policy is subject to change with notice.
• Option G: Employer will comply with all recordkeeping and wage statement requirements mandated by New Mexico law.

6. Benefits:

Employee may be eligible for the following benefits, subject to eligibility requirements:

• Option A: Employer-subsidized health insurance. Details are available in the employee handbook.
• Option B: Paid vacation and sick leave, accrued according to company policy and New Mexico law.
• Option C: Paid holiday policies as outlined in the employee handbook.
• Option D: Break food or staff meals at a discounted rate/no cost.
• Option E: Uniform allowance of [Dollar Amount] per [Time Period].
• Option F: Access to a retirement or cafeteria plan. Details are available in the employee handbook.
• Option G: Employee is entitled to paid sick leave under the New Mexico Healthy Workplaces Act.

7. Job Training:

Employee will receive the following training:

• Onboarding and restaurant-specific training.
• Required alcohol server certification, as prescribed by New Mexico law (if applicable).
• Food safety and sanitation training.
• Additional or remedial training as needed.

8. Alcohol Service:

If the Employee assists with alcohol service, compliance with the New Mexico Liquor Control Act is mandatory. Employee must be at least 19 years of age. Employee is required to check identification and follow procedures for handling intoxicated patrons.

9. Supervision and Reporting:

Employee will report to [Supervisor Title]. Employee is expected to work cooperatively with kitchen and bar staff.

10. Code of Conduct:

Employee is expected to adhere to the following code of conduct:

• Maintain high standards of personal hygiene and grooming.
• Adhere to the restaurant's dress code/uniform standards.
• Maintain professional behavior at all times.
• Refrain from intoxication while on duty.
• Strictly comply with restaurant and state health and safety protocols.

11. Customer Service:

Employee is expected to provide excellent customer service. This includes:

• Handling customer complaints professionally.
• Maintaining a positive attitude and clear communication.
• Utilizing guest feedback mechanisms to improve service.

12. Data Protection:

Employee will protect customer personal information (payment data, contact info) and business-sensitive data (recipes, processes).

13. Prohibited Activities and Disciplinary Procedures:

Employee is prohibited from:

• Unauthorized free meals or discounts.
• Consumption of alcohol while on shift (unless authorized by management).

The disciplinary procedures are: [List Disciplinary Procedures - e.g., verbal warning, written warning, suspension, termination].

14. Time Off and Absences:

Employee must follow established policies for:

• Requesting time off.
• Shift swaps.
• Covering for absent colleagues.
• Emergency absences.
• Advance notification requirements.

15. At-Will Employment:

Employment is at-will, as permitted in New Mexico. This means that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable legal requirements.

16. Termination:

• Option A: Employer will provide [Number] days' notice of termination, unless terminated for cause.
• Option B: Employee is requested to provide [Number] days' notice of resignation.
• Option C: Final pay, including earned but unpaid tips, will be provided in accordance with New Mexico law.
• Option D: Upon termination, Employee must return all uniforms and restaurant property.
• Option E: Termination may be for cause (theft, customer mistreatment, intoxication), layoff, or reduction of hours.

17. Anti-Discrimination and Harassment:

Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, gender, sexual orientation, gender identity, national origin, age, disability, or any other protected characteristic under federal and New Mexico law. Employee is required to report any incidents of discrimination or harassment.

18. Worker's Compensation:

Employer provides worker's compensation coverage as required by New Mexico law. Employee must report all workplace injuries or exposures immediately.

19. Occupational Health and Workplace Safety:

Employer complies with OSHA and New Mexico public health regulations. This includes handwashing, food handling, chemical use, and emergency evacuation procedures.

20. Dispute Resolution:

Any disputes arising from this Agreement will be resolved through:

• Internal complaint resolution process.
• Mediation (optional).
• Arbitration (optional).

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.

21. Business Needs:

Employer reserves the right to adjust schedules or duties due to business needs, within legal limits.

22. Non-Solicitation and Non-Disclosure:

Employee agrees not to solicit customers or disclose trade secrets. Restrictions on employment at directly competing establishments during employment may apply, subject to New Mexico law. [Describe any restrictions, or state "None"]

23. Tip Pooling/Sharing Policy:

The restaurant operates a [Voluntary/Mandatory] tip pooling/sharing policy.

• Eligible staff roles: [List Roles]
• Distribution process: [Describe Process]
• Impact on wage calculations: [Explain Impact]

24. Gratuities:

Gratuities left on credit/debit cards will be distributed to servers within [Number] days.

25. Local Ordinances:

Employer complies with all applicable local ordinances, including [List Specific Ordinances, e.g., Albuquerque minimum wage].

26. Language Disclosure:

This Agreement is in English. [State if translations are available]

27. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Employee acknowledges that they have read, understood, and voluntarily signed this Agreement.

____________________________

[Employer Representative Name], [Employer Representative Title]

____________________________

[Employee Full Legal Name]