Ohio restaurant server employment contract template

Ohio Restaurant Server Employment Agreement

This Full-Time Restaurant Server Employment Agreement (the “Agreement”) is made and entered into as of [Date], by and between:

[Restaurant Legal Name], a [State] [Entity Type, e.g., Corporation], with its 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.”

Employer and Employee agree as follows:

1. Employment

• The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer as a Full-Time Restaurant Server.

2. Position and Responsibilities

• 2.1 Job Title: Full-Time Restaurant Server
• 2.2 Role Summary: Provide exceptional guest service in a fast-paced restaurant environment.
• 2.3 Job Responsibilities:
  • Greeting and seating guests in a friendly and efficient manner.
  • Presenting menus and answering questions about menu items.
  • Taking and accurately entering food and beverage orders into the restaurant's POS system.
  • Using the restaurant's POS system to create guest orders.
  • Delivering food and drinks to tables promptly and accurately.
  • Handling order modifications and dietary restrictions/allergies according to procedures.
  • Providing recommendations and upselling menu items.
  • Serving alcohol responsibly and in compliance with Ohio law (if legally permitted).
  • Processing payments, including cash, credit card, and other forms of payment.
  • Handling cash transactions accurately and responsibly.
  • Cleaning and resetting tables quickly and efficiently.
  • Assisting with opening and closing duties as assigned.
  • Restocking supplies and maintaining a clean and organized work area.
  • Ensuring guest satisfaction by providing attentive and courteous service.
  • Any Additional responsibilities:
    • Option A: Participating in weekly staff meetings.
    • Option B: Completing mandatory training courses, including alcohol safety and food safety certifications.
    • Option C: [Specify Other Additional Responsibilities]

3. Employment Classification and Schedule

• 3.1 Employment Classification: Full-time, non-exempt hourly employee.
• 3.2 Standard Work Schedule: [Number] hours per week.
  • Option A: Typical shifts will be [Days of the Week], evenings and weekends.
  • Option B: The schedule may include days, evenings, weekends, and holidays as required.
• 3.3 Availability:
  • Employee must be available to work holidays, evenings, weekends, and special events as needed.
  • Shift scheduling and shift swapping policies are outlined in the Employee Handbook.

4. Work Location

• The Employee’s primary work location will be at the Employer’s restaurant located at [Restaurant Address], Ohio.
  • Option A: The Employee may be required to work at other locations of the Employer in Ohio.
  • Option B: Initial training may be conducted at [Training Location].

5. Compensation

• 5.1 Hourly Wage: The Employee will be paid an hourly wage of [Dollar Amount] per hour, which is at least Ohio’s minimum cash wage for tipped employees.
• 5.2 Tip Credit: The Employer intends to take a tip credit as allowed by Ohio law.
• 5.3 Tip Pooling/Sharing:
  • Option A: The Employer does not participate in tip pooling or sharing.
  • Option B: The Employer participates in a tip pool/sharing arrangement as follows: [Description of Tip Pooling/Sharing Arrangement, including eligible roles and distribution details].
• 5.4 Minimum Wage Guarantee: If the Employee’s hourly wage plus tips received is less than Ohio’s minimum wage, the Employer will make up the difference.
• 5.5 Tip Recording and Reporting: The Employee is responsible for accurately recording and reporting all tips received in accordance with Employer policy and applicable laws.
• 5.6 Overtime: 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 in excess of forty (40) hours in a workweek, in accordance with Ohio and federal law.
• 5.7 Pay Schedule: The Employee will be paid [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit].
• 5.8 Payroll Deductions: All applicable federal, state, and local taxes, as well as any authorized deductions, will be withheld from the Employee’s pay.

6. Benefits

• The Employee may be eligible for certain benefits as a full-time employee, subject to the terms and conditions of the Employer’s benefit plans. These benefits may include:
  • Option A: Health insurance.
  • Option B: Dental and vision care.
  • Option C: Paid time off (sick leave, vacation, and holidays).
  • Option D: Retirement or 401(k) plan.
  • Option E: Meal or employee discounts.
  • Option F: Uniform or clothing allowance.
  • Option G: [Other Benefits]
  • PTO: [Number] hours of sick leave per year in compliance with the Ohio Healthy Families Act.
• 6.1 Uniforms:
  • Option A: Uniforms are mandatory. The employer [Pays for/Reimburses] the cost of the uniforms.
  • Option B: No specific uniform is required, only professional attire.

7. Training

• The Employee may be required to complete certain mandatory state and/or federal training.
  • Option A: The Employer will pay for the cost of [Specific Training, e.g., Ohio alcohol server permit, food safety certification].
  • Option B: The Employee is responsible for the cost of the training.

8. Probationary Period

• Option A: There is a probationary period of [Number] days/weeks.
  • During this period, the Employee's performance will be evaluated based on [Evaluation Criteria].
  • Upon successful completion of the probationary period, the Employee's wage or benefits may be adjusted.

9. Performance and Conduct Standards

• The Employee is expected to adhere to the following performance and conduct standards:
  • Providing excellent customer service.
  • Maintaining a professional appearance and adhering to the Employer’s grooming and uniform standards (as outlined in the Employee Handbook).
  • Complying with all food safety and sanitation rules, including those required by the Ohio Department of Health Food Service Operation.
  • Conducting themselves appropriately with guests and co-workers.
  • Adhering to all workplace safety rules.

10. Reporting and Discipline

• The Employee will report directly to [Supervisor/Manager Title].
• The Employer will follow a progressive disciplinary procedure for poor performance or misconduct, as outlined in the Employee Handbook.
• The Employee has the right to raise grievances according to the procedure outlined in the Employee Handbook.

11. Tips

• 11.1 Acceptance of Tips: The Employee may accept tips from guests in the form of cash, credit card, or other approved methods.
• 11.2 Tip Pooling/Sharing (if applicable): As detailed in Section 5.3.
• 11.3 Tip Reporting: The Employee is responsible for accurately reporting all tips received to the Employer.
• 11.4 Management Prohibition: Management personnel are prohibited from sharing in tips earned by servers.

12. Meal and Rest Breaks

• While Ohio law does not require meal or rest breaks for adult employees, the Employer’s policy is as follows:
  • Option A: Employees working shifts of [Number] hours or more will be provided with a [Length] minute unpaid meal break and [Number] paid rest breaks.
  • Option B: Employees are allowed to take breaks as business permits.
• All breaks must be recorded according to Employer policy.

13. Anti-Discrimination and Harassment

• The Employer is an equal opportunity employer and does not discriminate against any employee or applicant for employment based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law.
• The Employer prohibits harassment of any employee by anyone, including supervisors, co-workers, or customers. Harassment includes unwelcome conduct based on any protected characteristic that is severe or pervasive enough to create a hostile work environment.
• Employees who believe they have been subjected to discrimination or harassment should report it immediately to [Designated Person/Department].

14. 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 advance notice, subject to any applicable anti-retaliation laws.
• Grounds for Immediate Termination: The following are examples of grounds for immediate termination: theft, intoxication on duty, gross misconduct, discrimination or harassment, and repeated customer complaints.

15. Appearance and Personal Hygiene

• The Employee must adhere to the Employer’s appearance and personal hygiene standards, as outlined in the Employee Handbook.
  • Option A: Tattoos must be covered.
  • Option B: Visible piercings are limited to [Number] per ear.
• These standards are designed to maintain a professional image and do not discriminate based on religion or culture.

16. Absence and Leave

• The Employee must notify their supervisor as soon as possible if they are unable to come to work due to illness or other reasons.
• The Employee may be eligible for paid or unpaid leave, including jury duty, bereavement leave, FMLA leave, and military leave, in accordance with applicable laws and Employer policies.

17. Workplace Substance Use

• The Employer prohibits the use of illegal drugs or alcohol in the workplace.
• Employees are subject to disciplinary action, up to and including termination, for violating this policy.
• Legal prescription drug use is permitted as allowed by law; however, employees must notify their supervisor if the prescription may affect their ability to perform their job safely and effectively.

18. Confidentiality

• The Employee must maintain the confidentiality of all customer information and proprietary business information, including guest privacy, recipes, business operations, and marketing strategies.

19. Occupational Health and Safety

• The Employer is committed to providing a safe and healthy work environment.
• The Employee must comply with all applicable OSHA regulations and Employer safety policies, as outlined in the Employee Handbook.
• The Employee must report any workplace accidents or injuries to their supervisor immediately.
• The Employee will receive instructions on preventing burns, cuts, and slip/fall injuries.

20. Resignation

• If the Employee wishes to resign from their employment, they must provide the Employer with [Number] weeks’ written notice.
• Upon termination of employment, the Employee must return all company property, including uniforms, keys, and devices.
• The Employee’s final paycheck will be issued in accordance with Ohio law.
• The Employee’s obligation to safeguard confidential information continues after termination of employment.

21. Non-Competition and Solicitation

• While non-compete agreements are generally disfavored in Ohio, the Employee agrees not to solicit the Employer’s clients or misuse sensitive information following the termination of employment.

22. Dispute Resolution

• Any disputes arising out of or relating to this Agreement will be resolved through the following process:
  • Escalation to the Employee’s supervisor.
  • Mediation.
  • Option A: Arbitration.
  • Option B: Litigation in the courts of Ohio.
• Ohio law will govern the interpretation and enforcement of this Agreement.

23. Workers' Compensation and Unemployment Insurance

• The Employee is covered by the Employer’s workers’ compensation insurance policy in accordance with Ohio law.
• If the Employee is injured on the job, they must follow the procedures outlined in the Employee Handbook to file a workers’ compensation claim.
• The Employee may be eligible for unemployment insurance benefits upon termination of employment, subject to the requirements of Ohio law.

24. Acknowledgment of Handbook and Policies

• The Employee acknowledges that they have received and understand the Employer’s employee handbook, work rules, and company policies, including those specific to the server role.

25. Compliance with Laws

• All terms and conditions of this Agreement are subject to and shall be interpreted in accordance with applicable Ohio and federal labor laws.

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. Entire Agreement

• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

28. Amendment

• This Agreement may be amended only by a written instrument signed by both parties.

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

____________________________
[Employer Representative Name]
[Employer Representative Title]
[Restaurant Legal Name]

____________________________
[Employee Full Legal Name]
Employee Signature

Date: [Date]