North Carolina restaurant server employment contract template

North Carolina Restaurant Server Employment Contract

This North Carolina Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Restaurant Legal Entity Name], a [State of Formation] [Entity Type] with its principal place of business at [Restaurant Address, City, State, Zip Code] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address, City, State, Zip Code] ("Employee").

1. Position and Job Responsibilities

• The Employer hires the Employee as a Restaurant Server.
• The Employee’s job responsibilities include, but are not limited to:
• Greeting guests and presenting menus.
• Taking food and beverage orders accurately.
• Relaying orders to kitchen and bar staff promptly.
• Serving food and beverages in a professional manner.
• Processing payments efficiently and accurately.
• Maintaining assigned tables, ensuring cleanliness and order.
• Resetting tables quickly and efficiently.
• Handling customer inquiries and complaints effectively.
• Promoting daily specials and answering menu questions.
• Performing side work as assigned (restocking, cleaning, folding napkins, silverware rolling).
• Adhering to all food safety protocols.
• Complying with all North Carolina Alcoholic Beverage Control Commission (ABC) laws regarding alcohol service, including ID verification.
• Maintaining knowledge of menu offerings and allergens.
• Following procedures for tip pooling or tip sharing, as applicable.
• Attending pre-shift meetings and training sessions as required.
• Collaborating effectively with hosts, bartenders, kitchen, and management staff.

2. Location

• The Employee's primary work location is the Employer's restaurant located at [Restaurant Address, City, State, Zip Code].
• Option A: The Employer may, at its discretion, assign the Employee to work at alternate or additional locations within [Number] miles of the primary location.
• Option B: The Employee may be required to work at other locations as needed, with reasonable notice provided when possible.

3. Work Schedule and Hours

• The Employee is employed on a full-time basis, defined as working a minimum of [Number, e.g., 30] hours per week.
• The Employee's typical work schedule will be [Days of the Week] from [Start Time] to [End Time], subject to change based on business needs.
• Shift swaps or schedule changes require approval from [Manager Title/Department] at least [Number] hours in advance.
• Option A: On-call availability may be required on [Days of the Week].
• Option B: On-call availability is not required.

4. Meal and Rest Breaks

• The Employee will be provided with [Number] meal break(s) of [Number] minutes each during shifts exceeding [Number] hours, as required by North Carolina law.
• The Employee will be provided with [Number] rest break(s) of [Number] minutes each during shifts exceeding [Number] hours.
• Option A: Meal breaks are paid.
• Option B: Meal breaks are unpaid.
• The schedule of meal and rest breaks will be determined by the Employer based on operational needs.

5. Compensation

• The Employee's hourly wage will be [$ Amount].
• Option A: The Employer will claim a tip credit of [$ Amount] per hour toward the minimum wage, in accordance with the Fair Labor Standards Act (FLSA) and North Carolina Department of Labor regulations. The combined hourly wage and tips will always equal or exceed the applicable minimum wage.
• Option B: The Employer will not claim a tip credit.
• The Employee will be paid [Pay Period, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].
• Overtime will be paid at a rate of one and one-half (1.5) times the regular hourly rate for all hours worked over 40 in a workweek, as required by the FLSA.
• The overtime rate is [$ Amount].
• Option A: The restaurant utilizes a tip pooling/tip sharing arrangement, whereby tips are distributed as follows: [Detailed description of tip pool/sharing arrangement, including percentages for each role and documentation of consent where required].
• Option B: The restaurant does not utilize a tip pooling/tip sharing arrangement.

6. Withholding and Payroll Taxes

The Employer will comply with all North Carolina and federal requirements for withholding and remitting employee income taxes, Social Security, Medicare, and unemployment insurance.

7. Employee Benefits

• Option A: The Employee is eligible for the following benefits: [List of benefits, e.g., health insurance, paid sick leave, meal discounts, uniform allowance, parking]. Details regarding eligibility and coverage are provided in the Employee Handbook.
• Option B: The Employee is not currently eligible for benefits.

8. Workers' Compensation

The Employer maintains workers' compensation insurance coverage as required by North Carolina law. The Employee is covered under this policy for work-related injuries or illnesses. Information on filing a claim is available from [Manager Title/Department].

9. Uniform and Appearance Standards

• The Employee is required to wear the following uniform: [Detailed description of uniform requirements, including specific attire and grooming standards].
• Option A: The Employer will provide the uniform.
• Option B: The Employee is responsible for providing their own uniform, subject to the Employer’s specifications.
• Option C: The Employer will provide a uniform allowance of [$ Amount] per [Time Period].

10. Alcohol Service Certification and Training

• The Employee is required to obtain and maintain Responsible Alcohol Seller/Server Program (RASP) certification, or its equivalent, as required by the North Carolina ABC Commission.
• Option A: The Employer will pay for the initial RASP certification.
• Option B: The Employee is responsible for the cost of the initial RASP certification.
• The Employee will attend any required ongoing training sessions related to alcohol service.

11. Tip Handling and Reporting

The Employee is responsible for accurately reporting all tips received to the Employer, as required by the IRS. The Employer will provide guidance on tip reporting procedures.

12. Health and Sanitation Standards

The Employee must strictly comply with all local, North Carolina, and municipal health and sanitation standards, food handling procedures, and allergen management protocols. Violations of these standards may result in disciplinary action, up to and including termination. Option A: The Employee is required to undergo health screenings or immunizations as required by county or state food safety ordinances.

13. Anti-Discrimination and Workplace Conduct

The Employer is committed to providing a workplace free from discrimination and harassment, in compliance with federal law and the North Carolina Equal Employment Practices Act. This includes policies on sexual harassment, complaint procedures, and retaliation protection. The Employee should report any concerns to [Manager Title/Department] or [HR Department/Contact].

14. Youth Employment (If Applicable)

If the Employee is under 18 years of age, the Employer will comply with all applicable North Carolina laws regarding youth employment, including restrictions on prohibited duties, work hours, and break requirements.

15. Performance Standards and Discipline

The Employee is expected to maintain high performance standards in all aspects of their job responsibilities. The Employer utilizes a progressive discipline policy, which may include verbal warnings, written warnings, suspension, and termination.

16. At-Will Employment

The Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or prior notice, subject to any final wage payment obligations under North Carolina law.

17. Voluntary Resignation and Termination

• The Employee is requested to provide [Number] days' written notice of resignation.
• Grounds for immediate termination include, but are not limited to, theft, intoxication on the job, insubordination, and serious violations of health codes.
• Upon termination, the Employee will receive their final paycheck on the next regular payday, as required by the North Carolina Wage and Hour Act.

18. Return of Property

Upon termination, the Employee must return all Employer property, including uniforms, keys, point of sale access devices, and any other company-issued items. Any unpaid balance for non-returned property, as allowed under North Carolina law, will be deducted from the employee’s final paycheck with the employee’s written consent.

19. Privacy Expectations

The Employee acknowledges that the Employer may utilize surveillance cameras and monitor public and employee areas for security and operational purposes. The Employer will comply with all applicable privacy laws.

20. Confidentiality

The Employee agrees to maintain the confidentiality of all non-public information about the restaurant, patrons, and proprietary business practices.

21. Intellectual Property

The Employee acknowledges that any marketing ideas, menu suggestions, or proprietary techniques developed during their employment are the property of the Employer.

22. Dispute Resolution

The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation. If negotiation is unsuccessful, the parties may agree to mediation or arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Venue for any legal action shall be in [County Name] County, North Carolina.

23. Workplace Safety

The Employer is committed to maintaining a safe workplace in compliance with OSHA and North Carolina Department of Labor standards. The Employee should report any workplace injuries or accidents to [Manager Title/Department] immediately.

24. Policy Updates and Employee Handbook

• The Employer may update its policies from time to time. The Employee acknowledges that the terms of this Agreement may be supplemented but not overridden by the Employee Handbook, unless specifically stated otherwise.
• Option A: The employee acknowledges receipt of the Employee Handbook.

25. Background Checks, I-9 Verification, and Drug Screening

• Option A: Employment is contingent upon successful completion of a background check and drug screening, subject to North Carolina and federal law.
• The Employee must provide documentation establishing their eligibility to work in the United States, as required by the I-9 verification process.

26. E-Verify

Option A: The Employer participates in the E-Verify program to verify employment eligibility.

27. Amendment

This Agreement may be negotiated or modified by written mutual agreement. The Employer may periodically review and amend this Agreement to reflect changes in job duties, law, or business needs.

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

[Restaurant Legal Entity Name]

By: [Name and Title of Authorized Representative]

[Employee Full Legal Name]

[Employee Signature]