New York restaurant server employment contract template

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How New York restaurant server employment contract Differ from Other States

  1. New York has a higher minimum wage for servers than many states and distinct tip credit regulations employers must follow.

  2. New York law mandates strict compliance with written notice of wage rates, tip credits, and pay frequency provided to each server.

  3. There are specific New York rules regarding split shifts and uniform maintenance pay that may not apply in other states.

Frequently Asked Questions (FAQ)

  • Q: Does New York require a written employment contract for restaurant servers?

    A: While not mandatory, a written contract helps clarify wages, tip credits, schedules, and promotes legal compliance.

  • Q: Is tip pooling allowed for servers in New York restaurants?

    A: Tip pooling is allowed if it is voluntary and only among eligible employees, following New York labor laws.

  • Q: What are the notice requirements for a New York restaurant server employment contract?

    A: Employers must provide a Wage Theft Prevention Act (WTPA) notice in writing, detailing pay rates and tip credits.

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New York 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 type, e.g., Corporation], with its principal place of business at [Restaurant Address] ("Employer"), and

[Employee Name], residing at [Employee Address] ("Employee").

1. Position

The Employer hires the Employee as a Full-Time Restaurant Server.

2. Job Duties

The Employee will perform the following duties:

  • Greeting and seating customers.
  • Presenting menus and daily specials.
  • Explaining dishes and specials per manager/chef guidance.
  • Taking and entering orders through approved POS systems.
  • Relaying of meal modifications and dietary restrictions.
  • Serving food and beverages in adherence to Department of Health (DOH) hygiene protocols.
  • Upselling specials and beverages.
  • Handling split bills and payment methods (including NYC cashless ban compliance).
  • Clearing tables and resetting stations.
  • Timely restocking service areas.
  • Ongoing site cleanliness.
  • Compliance with alcohol service laws and safe serving practices (such as NYS ATAP/TIPS requirements).
  • Checking IDs for age-restricted items.
  • Observance of food allergen safety.
  • Prompt reporting of spills, accidents, or unsafe conditions.

3. Uniform/Dress Code

Option A: The Employee is required to wear the uniform provided by the Employer. The Employer is responsible for the maintenance of the uniform.

Option B: The Employee is required to adhere to the dress code outlined in the Employee Handbook. The Employee is responsible for providing and maintaining their attire.

The Employee must maintain high standards of hygiene and personal appearance as per NYDOH and NYC restaurant regulations.

4. Location

The Employee's primary work location is [Restaurant Address]. The Employee may be required to work at any other location operated by the Employer within New York City or State.

The Employee is required to attend pre-shift meetings, mandatory staff training, and health and safety briefings.

5. Work Schedule

The Employee's work schedule is:

  • Average of [Number] hours per week.
  • [Number] shifts per week.
  • Meal and rest breaks will be provided in compliance with New York Labor Law (CLU Section 162).
  • Option A: The Employee may be required to work split shifts or consecutive shifts.
  • Option B: The Employee will generally not be required to work split shifts or consecutive shifts.

6. Overtime

The Employee is [Exempt/Non-Exempt] from overtime.

If non-exempt, overtime will be calculated at 1.5 times the regular hourly wage for all hours worked over 40 in a workweek, in accordance with New York minimum wage and overtime standards, including applicable tip calculations.

The Employee is subject to New York "Spread of Hours" pay and rules.

7. Compensation

The Employee will be paid:

  • An hourly wage of [Dollar Amount].
  • The Employer will take a tip credit in accordance with New York law, currently [Dollar Amount].
  • All tips received by the Employee must be reported and claimed.
  • The Employer will implement a tip pooling/sharing arrangement as follows: [Description of Tip Pooling/Sharing Arrangement]. Employee agrees to participate in this arrangement.
  • Payment will be made by [Method, e.g., check, direct deposit] on a [Frequency, e.g., weekly, bi-weekly] basis.
  • All applicable deductions and withholdings will be made from the Employee's pay.

8. Additional Compensation and Benefits

The Employee may be eligible for the following additional compensation and benefits:

  • Health insurance eligibility: [Eligibility requirements]
  • Paid Family Leave (NY PFL): In accordance with NY law.
  • NY statutory paid sick leave (per NYC Earned Safe and Sick Time Act): In accordance with NYC law.
  • Vacation entitlement: [Number] days per year, accrued as per company policy.
  • Personal leave: [Number] days per year, accrued as per company policy.
  • Holiday pay: [List of holidays paid]
  • Meal allowances or staff meals policy: [Description of policy]
  • Uniform maintenance allowance: [Dollar Amount] per [Frequency].
  • Transportation benefits: [Description of benefits, if any]
  • Retirement plan eligibility: [Eligibility requirements]
  • Worker's compensation insurance: Provided in accordance with New York law.

9. Conduct and Performance

The Employee is expected to:

  • Adhere to the Employer's service standards.
  • Comply with the Employer's anti-discrimination and harassment policies (as per New York State/City Human Rights Law).
  • Complete annual NY mandatory sexual harassment training and acknowledge receipt of the Employer’s policy against sexual harassment.
  • Follow customer complaint resolution policies and guest service standards.
  • Maintain punctuality.
  • Represent the restaurant positively.

10. Certifications and Compliance

The Employee is required to maintain the following certifications:

  • NYC Food Handler's Card.
  • Option A: Alcohol safety certification (ATAP/TIPS).
  • Option B: The Employer will provide alcohol safety certification training.

The Employee must participate in any employer-mandated training and recertification.

11. Discipline and Grievance Procedures

The Employer will follow progressive discipline procedures, including:

  • Verbal warning.
  • Written warning.
  • Suspension.
  • Termination.

The Employee has the right to respond to any disciplinary action.

12. Termination

This Agreement may be terminated under the following conditions:

  • By the Employee with [Number] weeks written notice.
  • By the Employer for cause, including but not limited to:
    • Intoxication.
    • Theft.
    • Gross misconduct.
  • Layoff or reduction in force.
  • Complaint of wage theft.
  • Upon termination, the Employee must return all Employer property and uniforms.
  • Final wage and tip distribution will be provided in accordance with New York law.
  • The Employer will provide an unemployment notice if applicable.

13. Anti-Retaliation

The Employer will not retaliate against the Employee for:

  • Whistleblowing.
  • Wage and hour complaints.
  • Reporting safety issues.
  • Exercising any right protected by New York labor law.

14. Dispute Resolution

The Employer encourages informal resolution of disputes.

Option A: Any disputes arising from this Agreement will be resolved through mandatory mediation.

Option B: Any disputes arising from this Agreement will be resolved through binding arbitration.

This Agreement shall be governed by the laws of the State of New York. Any disputes shall be resolved in the courts of New York State or [Specify Borough/County].

15. Wage Theft Prevention Act Compliance

The Employer will comply with NYC and NYS Wage Theft Prevention Act requirements, including:

  • Providing a written wage notice at the time of hire and annually thereafter.
  • Providing payslips with tip credit details.

16. Mandatory Notices

The Employer will provide all mandatory notices required by New York law, including notices translated into languages spoken by the workforce.

17. Recordkeeping

The Employer will maintain accurate records of wages and hours worked, as required by law.

18. Confidentiality

The Employee agrees to maintain the confidentiality of customer privacy, business operations, marketing and menu information, and other non-public information. This does not prevent the Employee from discussing workplace conditions as protected by labor law.

19. Non-Compete

The Employee is not subject to any non-compete agreement. The Employee acknowledges that they are permitted to solicit current customers of the Employer. Solicitation of current customers of the Employer shall not occur until after the employee's employment with the Employer has been terminated.

20. Unlawful Deductions

The Employer will not make unlawful deductions from the Employee's wages or force the Employee to purchase items. The Employee will not be penalized for breakage, theft, or uniforms.

21. Workplace Health and Safety

The Employer will provide a safe working environment, including:

  • Training on health and safety procedures.
  • Providing personal protective equipment, if required.
  • Compliance with OSHA, NYDOH and NYC-specific restaurant safety guidance (including emergency procedures and COVID/communicable disease protocols as relevant).

22. Injury Reporting

The Employee must promptly report all workplace injuries, accidents, and security incidents to management.

23. Labor Posters

The Employer will display required labor posters and notices in employee areas.

24. Amendment

This Agreement may be amended only by mutual written agreement.

25. Waiver

Any waiver of rights under this Agreement must be in writing.

26. Severability

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

27. Integration and Merger

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Employee Acknowledgment:

I acknowledge that I have received, read, and understand this Employment Contract and agree to all its terms and conditions.

____________________________
[Employee Name] (Employee Signature)

____________________________
[Date]

____________________________
[Restaurant Name] (Employer Signature)

____________________________
[Date]

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