New York cook employment contract template

New York Cook Employment Contract

This New York Cook Employment Contract (the “Agreement”) is made and entered into as of [Date, e.g., January 1, 2024] by and between [Legal Business Entity Name], a [State, e.g., New York] [Business Type, e.g., Corporation], with its principal place of business at [Business Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Employment Status

• Option A: Full-time, non-exempt employee, subject to New York Labor Law, including Article 19 (Minimum Wage Act).
• Option B: Full-time, non-exempt employee, subject to New York Labor Law, including Article 19 (Minimum Wage Act) and NYC Fair Workweek Law (if applicable).
• Option C: Part-time, non-exempt employee, subject to New York Labor Law, including Article 19 (Minimum Wage Act).

2. Position

• Option A: Cook
• Option B: Line Cook
• Option C: Prep Cook

The Employee shall report to [Supervisor Name, e.g., Head Chef, Kitchen Manager] and will work in a [Work Environment, e.g., restaurant, institutional kitchen, hotel] environment. The Employee’s primary work location is [Address of Kitchen], located in New York. The Employee’s duties include, but are not limited to:

• Food preparation, cooking, and plating of menu items.
• Use and cleaning of commercial kitchen equipment.
• Adherence to recipes and portion control standards.
• Support of menu development.
• Inventory management and ordering.
• Compliance with food safety and hygiene standards (e.g., NYC Health Code), including temperature logs and allergen controls.
• Maintenance of prep and storage areas.
• Participation in health and safety programs (e.g., OSHA, NYC Department of Health Food Protection Certificate, if required).
• Preparation of [Cuisine Type, e.g., Italian, Kosher] cuisine, with specific attention to [Dietary Accommodations, e.g., gluten-free, vegan] requirements.

3. Work Schedule

• Option A: The Employee’s standard work schedule is [Start Time] to [End Time], [Days of the Week].
• Option B: The Employee’s standard work schedule will vary based on business needs and will be communicated in advance.
  • The Employer will post schedules [Number] days in advance, in compliance with NYC Fair Workweek Law (if applicable).

The Employee is expected to work approximately [Number] hours per week. The Employee will receive a minimum 30-minute meal break for shifts exceeding six hours, as required by New York Labor Law.

4. Overtime

The 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, in accordance with New York Labor Law. The Employer will comply with NYS “Spread of Hours” regulations.

5. Compensation

The Employee’s base hourly wage is [Dollar Amount], which is not less than the New York State minimum wage and the New York City minimum wage (if applicable). The Employee will be paid [Pay Frequency, e.g., weekly, bi-weekly].

• Option A: The Employee is not eligible for tips.
• Option B: The Employee is eligible for tips and will participate in a tip pooling/sharing arrangement, as detailed in [Document Name or Description].

• Option A: The Employee is eligible for a [Bonus Type, e.g., performance, health inspection] bonus.
• Option B: The Employee is not eligible for bonuses.

The Employer will make only deductions from wages that are permitted under New York law.

6. Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer’s benefit plans:

• Option A: Health insurance
• Option B: Dental insurance
• Option C: Vision insurance

• Option A: Retirement plan access ([Plan Name or Description]). The Employer will comply with New York State Secure Choice Savings Program (if applicable).
• Option B: No retirement plan.

• Paid Time Off (PTO): [Number] days per year.
• Sick Leave: In accordance with the New York Paid Sick Leave Law and NYC Earned Safe and Sick Time Act.
• Paid Holidays: [List of Holidays].
• Jury Duty Leave: As required by New York law.
• Bereavement Leave: [Number] days for immediate family members.
• Meal Privileges: [Description of meal benefits].
• Uniform and Laundry Allowance: [Dollar Amount] per [Time Period].
• Professional Development/Food Safety Training: [Description of Training].

7. Tools, Uniforms, and Equipment

The Employer will provide the following tools, uniforms, and safety equipment: [List of Items]. Any required purchases by the Employee will comply with New York law.

8. Health and Safety

The Employee must comply with all state and New York City health and safety codes (including NYC DOHMH requirements), and the Employer’s kitchen safety protocols. The Employee must report all on-the-job injuries immediately to [Contact Person]. The Employer will maintain Workers’ Compensation insurance as required by New York law.

9. Code of Conduct

The Employee must adhere to the following code of conduct:

• Maintain high standards of hygiene.
• Refrain from drug and alcohol use while on duty.
• Abstain from workplace violence or harassment.
• Be punctual and reliable.
• Use and maintain equipment properly.
• Report any food safety breaches immediately.

10. Background Checks and Licenses

The Employer reserves the right to conduct background checks and reference checks, in compliance with FCRA and NYS law. The Employee is required to maintain a valid [License/Certificate, e.g., NYC Food Handler Certificate].

11. Scheduling Practices

The Employer will provide reasonable advance notice of work schedules, and comply with all applicable scheduling laws.

12. Anti-Harassment and Equal Opportunity

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, national origin, gender, age, religion, sexual orientation, gender identity, disability, arrest/conviction record, immigration status, marital status, domestic violence victim status, or any other protected characteristic under NY State and NYC Human Rights Law. The Employer has a complaint and non-retaliation process in place, as detailed in [Policy Document].

13. Employee Privacy

The Employer may utilize kitchen cameras, and conduct locker usage and bag checks, in accordance with New York law.

14. Intellectual Property and Confidentiality

Any intellectual property or recipes developed by the Employee during their employment will be the property of the Employer. The Employee must maintain the confidentiality of the Employer’s trade secrets.

15. Outside Employment

• Option A: The Employee may not engage in outside employment that creates a conflict of interest with the Employer.
• Option B: The Employee may engage in outside employment, provided it does not interfere with their job performance or create a conflict of interest with the Employer.

16. Discipline and Dispute Resolution

The Employer will follow a progressive discipline process, including warnings, suspensions, and termination, as detailed in [Policy Document]. The Employee has the right to appeal disciplinary actions. Any disputes will be resolved through [Dispute Resolution Method, e.g., mediation, arbitration] in [Jurisdiction, e.g., New York State].

17. Termination

The Employee’s employment may be terminated under the following circumstances:

• Voluntary Resignation: The Employee must provide [Number] weeks’ notice.
• Involuntary Dismissal: For performance issues, misconduct, or business necessity.
• Layoffs: Due to economic or operational reasons.
• Immediate Termination: For gross misconduct or food safety breaches.

Final pay will be provided to the Employee on the next regular payday, as required by NYC law. The Employee must return all Employer property upon termination.

18. At-Will Employment

The Employee’s employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, unless otherwise stated in a collective bargaining agreement.

19. Workers’ Compensation and Unemployment Insurance

The Employer will maintain Workers’ Compensation and Disability Benefits insurance as required by New York law. The Employee will be notified of their unemployment insurance rights upon separation.

20. Required Notices

The Employee acknowledges receipt of the New York Wage Theft Prevention Act notice.

21. Tip Credit Disclosure (If Applicable)

If the Employee is eligible for a tip credit, the Employer has provided all disclosures and acknowledgments required by the NYDOL Hospitality Industry Wage Order.

22. Union Status (If Applicable)

• Option A: The Employee is covered by a collective bargaining agreement with [Union Name].
• Option B: The Employee is not covered by a collective bargaining agreement.

23. Amendment

This Agreement may be amended or updated only in writing, with the Employee’s acknowledgment.

24. Compliance with Law

This Agreement will be interpreted and enforced in accordance with the laws of the State of New York and the regulations of New York City.

25. Immigration Status

The Employer complies with all federal laws regarding I-9 verification and prohibits discrimination based on lawful immigration status.

26. Relocation/Housing (Optional)

• Option A: The Employer will reimburse the Employee for relocation expenses up to [Dollar Amount].
• Option B: The Employer will provide a housing stipend of [Dollar Amount] per [Time Period].

(Further details regarding relocation/housing should be added here)

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

____________________________

[Employer Representative Name]

____________________________

[Employer Representative Title]

____________________________

[Employee Name]