North Dakota restaurant server employment contract template

North Dakota Restaurant Server Employment Contract

This North Dakota Restaurant Server Employment Contract (the "Agreement") is made and entered into as of [Date], by and between:

• [Restaurant Name], a [Corporation/LLC/Sole Proprietorship] organized and existing under the laws of North Dakota, with its principal place of business at [Restaurant Address], North Dakota, holding North Dakota Business License Number [Business License Number] (hereinafter referred to as "Employer"),

and

• [Employee Name], residing at [Employee Address], with contact number [Employee Phone Number] (hereinafter referred to as "Employee").

1. Position

• Option A: Full-Time Restaurant Server
• Option B: Restaurant Server (classification to be determined after probationary period, as defined in section [probation section #])

The Employee is hired as a Full-Time Restaurant Server and will perform the following duties:

• Greeting and seating guests.
• Presenting menus and describing daily specials.
• Taking accurate food and beverage orders.
• Inputting orders into point-of-sale systems.
• Understanding menu ingredients and accommodating allergy and dietary requirements.
• Serving food and drinks.
• Monitoring alcohol service in compliance with North Dakota law and holding a valid alcohol training certificate (if required by city/county).
• Pre-bussing and bussing tables.
• Processing payments and handling cash or credit card transactions with tip reporting.
• Restocking server stations.
• Handling guest complaints.
• Collaborating with kitchen, bar, and management teams.
• Complying with cleaning, sanitization, and food safety protocols per the North Dakota Department of Health and ND Food Code.

2. Work Hours and Schedule

• Option A: The Employee's work schedule will be [Specific schedule, e.g., Monday-Friday, 11:00 AM - 7:00 PM].
• Option B: The Employee's work schedule will vary and will be provided with at least [Number] days' notice.
• Option C: The Employee's typical shift pattern will include:
  • Morning
  • Evening
  • Weekends
  • Holidays
• Option D: The Employee will work a minimum of [Number] hours per week and a maximum of [Number] hours per week.
• The Employee is required to be available [Specific availability requirements].
• Shift swaps or covers must be approved by [Designated Manager] at least [Number] hours in advance.

3. Work Location

• The Employee's primary work location is [Restaurant Address], North Dakota, and is subject to local ordinances and health standards.

4. Employment Type

• Option A: Full-time (at least 30 hours per week)
• Option B: Full-time (at least 40 hours per week)

Rest breaks and meal breaks are [Provided/Not Provided] according to company policy, though North Dakota law does not mandate them. Details are found in the employee handbook.

5. Overtime Compensation

• The Employee is classified as [Exempt/Non-Exempt] under the Fair Labor Standards Act (FLSA) and North Dakota Century Code.
• Option A: If non-exempt, the Employee will be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek.

6. Wages and Tips

• The Employee's hourly wage is [Dollar Amount].
• Tips are [Kept solely by the Employee/Subject to tip pooling/Subject to tip sharing/Include service charges].
• The tip distribution process is as follows: [Detailed description of tip distribution].
• The Employee is responsible for accurately reporting all tips to the Employer daily and complying with IRS regulations and North Dakota Department of Labor guidance.
• The Employer utilizes the tip credit, as allowed by federal and North Dakota law.

7. Payment Frequency and Method

• The Employee will be paid [Weekly/Bi-weekly/Semi-monthly] via [Check/Direct Deposit/Pay Card].
• The Employer complies with North Dakota wage payment laws regarding the timing of final paycheck upon termination.

8. Benefits

• The Employee is eligible for the following benefits, subject to eligibility requirements:
  • Health Insurance: [Yes/No]
  • Dental Insurance: [Yes/No]
  • Vision Insurance: [Yes/No]
  • Sick Leave: [Yes/No] (Per Company policy – North Dakota does not mandate paid sick leave.)
  • Vacation/Paid Time Off (PTO): [Yes/No]
  • Bereavement Leave: [Yes/No]
• Details regarding eligibility and terms are found in the Employee Handbook.

9. Uniform and Appearance

• The Employee is required to wear the following uniform: [Detailed description of uniform requirements].
• Appearance and grooming standards are as follows: [Detailed description of appearance and grooming standards].
• The Employer will [Provide/Reimburse] for uniforms as required by North Dakota law.

10. Training and Certification

• The Employee is required to obtain and maintain the following certifications:
  • [SafeServ Certification/Food Handler Permit/TIPS or Alcohol Server Training Certificate (if required by city/county)]
• Maintaining active certification is a condition of employment.

11. Occupational Safety

• The Employer complies with OSHA and North Dakota Department of Health and Labor standards.
• The Employee is required to report all workplace injuries, including slip and falls and burns, immediately to [Designated Manager].
• The Employee will participate in workplace safety programs.

12. Anti-Discrimination and Harassment Policy

• The Employer prohibits discrimination and harassment based on age, race, color, religion, sex, national origin, disability, genetic information, marital status, or any other protected category under federal and North Dakota law.
• Violations of this policy will result in disciplinary action, up to and including termination.

13. Chain of Command and Performance Evaluation

• The Employee reports to [Front of House Manager/General Manager/Other].
• Performance evaluations will be conducted [Frequency, e.g., annually, semi-annually].
• The Employee is expected to maintain professional behavior, attendance, punctuality, and customer service etiquette suitable for a North Dakota hospitality setting.

14. Disciplinary Action and At-Will Employment

• The Employer may take disciplinary action for violations of policy or poor performance, including warnings, probation, suspension, or dismissal.
• Employment is at-will and may be terminated by either party at any time, with or without cause or notice, subject to compliance with North Dakota law.

15. Termination

• Employment may be terminated by resignation, discharge, or reduction of force.
• Upon termination, the Employer will comply with North Dakota's requirements for payment of wages owed, tip reconciliation, and return of Employer property (uniforms, POS keys, etc.).

16. Confidentiality

The Employee agrees to maintain the confidentiality of sensitive business information, customer data, and proprietary recipes or service processes.

17. Non-Compete

A non-compete clause [Is Not Included/Is Included and complies with North Dakota law]. If included, the terms are: [Specify terms]

18. Company Policies

The Employee agrees to comply with all company policies, employee handbooks, and the most recent version of the restaurant’s Code of Conduct, which are integrated into this Agreement by reference.

19. Reporting Procedures

The Employee is required to report workplace harassment, discrimination, or unsafe working conditions to [Designated Manager/Anonymous Hotline/Other].

20. Eligibility to Work

• The Employee warrants that they are eligible to work in the United States and will provide proper documentation (I-9) as required by federal law. The Employer [Does/Does Not] participate in E-Verify.

21. Meetings and Training

• The Employee is required to attend staff meetings, trainings, or pre-shift briefings as scheduled.
• The Employee is expected to participate in upselling or special promotions.

22. Probationary Period

• Option A: There is a probationary period of [Number] days. Performance will be evaluated based on [Criteria]. Successful completion will result in permanent employment.
• Option B: There is no probationary period.

23. Company Provided Meals/Discounts

The Employee [Is/Is Not] provided with company meals/discounts. Details: [Details of meal/discount policy and any IRS taxable benefit implications].

24. Adverse Weather/Closure Policy

In the event of adverse weather, slow season, or mandatory closure, the following policies apply: [Details regarding hour reduction, layoff, furlough].

25. Dispute Resolution

• The parties agree to attempt to resolve any disputes through internal resolution, mediation, or arbitration before initiating court action.
• This Agreement is governed by the laws of North Dakota, and any legal action will be brought in the courts of North Dakota.

26. Workers' Compensation

• The Employer maintains workers' compensation insurance as required by North Dakota law.
• The Employee is required to report any workplace injuries or illnesses immediately to [Designated Manager].

27. Employment Accommodations

The Employer will provide reasonable accommodations for disabilities as required by the Americans with Disabilities Act (ADA) and North Dakota Human Rights Act.

28. Severability and Entire Agreement

• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Any modifications to this Agreement must be in writing and signed by both parties.
• This Agreement constitutes the entire understanding between the parties regarding the Employee's employment as a restaurant server in North Dakota.

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

____________________________
[Restaurant Representative Name]
[Restaurant Title]
[Date]

____________________________
[Employee Name]
[Date]

Acknowledgment of Receipt: The Employee acknowledges receipt of all referenced company policies, employee handbooks, and the restaurant's Code of Conduct.

____________________________
[Employee Name]
[Date]