Oklahoma restaurant server employment contract template

Oklahoma Restaurant Server Employment Contract

This Oklahoma Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date], by and between [Restaurant Name], with a principal place of business at [Restaurant Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

Parties

Option A: The Employer is [Restaurant Legal Business Name], a [Business Structure, e.g., Corporation] organized under the laws of Oklahoma. Contact person: [Contact Person Name]. Contact Phone: [Contact Phone Number].

Option B: The Employee can be contacted at [Employee Phone Number] and [Employee Email Address].

Position

The Employee is hired as a Restaurant Server.

Job Duties include, but are not limited to:

• Welcoming guests and providing menus.
• Taking food and beverage orders accurately.
• Entering orders into the POS system.
• Serving meals and beverages.
• Checking identification for alcohol sales per Oklahoma ABLE Commission regulations.
• Accommodating dietary needs and allergies.
• Presenting checks and processing payments.
• Maintaining cleanliness and safety standards, including tables and server stations.
• Addressing guest inquiries and resolving complaints efficiently.

Uniform and Appearance

Option A: Employee will adhere to the following uniform/dress code: [Detailed Description of Uniform/Dress Code]. This includes adhering to hygiene and appearance standards complying with Oklahoma Health Department regulations.

Option B: Employee is responsible for maintaining a professional appearance consistent with the restaurant’s brand and Oklahoma health standards. Specific guidelines are outlined in the employee handbook.

Reporting Structure

Employee reports directly to [Direct Supervisor, e.g., Head Server, Manager].

The chain of escalation is as follows: [List of reporting order].

Work Location

The primary work location is [Restaurant Address].

Designated work areas include: [List of work areas, e.g., assigned section, bar area].

Off-premises events, such as catering, may be required. Notification and compensation for such events will follow Oklahoma guidelines.

Full-Time Status

Option A: This is a full-time position requiring a minimum of [Number] hours per week.

Option B: The usual work schedule includes: [Specific Days and Times/Shift Details, e.g., evenings, weekends, rotating shifts].

Shift bid/swap policies are outlined in the employee handbook.

While Oklahoma law does not mandate adult breaks, the employer's policy is: [State Break Policy, e.g., 30-minute meal break for shifts over 6 hours].

Compensation

Employee will be paid [Hourly Wage] per hour before tips. This rate meets or exceeds Oklahoma's tipped minimum wage requirements.

The Employer will claim a tip credit of [Tip Credit Amount, if applicable].

Overtime will be paid at time-and-one-half for all hours worked over 40 in a workweek, as required by Oklahoma and federal law.

Option A: Tips will be retained by the Employee.

Option B: Tip pooling/sharing arrangement: [Detailed Explanation of Tip Pool/Share, including roles and distribution percentages]. This arrangement complies with Oklahoma and federal law.

Wage Payment

Wages will be paid [Frequency of Payment, e.g., bi-weekly].

Payment method: [Payment Method, e.g., direct deposit, check].

Employee will receive a wage statement/pay stub detailing gross pay, deductions, and hours worked.

Deductions may include: taxes, uniform costs (if applicable and legally permissible), and meal costs (if applicable and with Employee's consent).

Benefits

Option A: Employee is eligible for the following benefits after meeting eligibility requirements: [List of Benefits, e.g., health insurance, dental insurance, paid time off]. Details are provided in the benefits summary.

Option B: Employee is not eligible for benefits.

Meal allowances/discounts are offered as follows: [Detail Meal Benefits].

Onboarding and Training

Employee will complete onboarding and training, including:

• Oklahoma health and safety law compliance training.
• ABLE liquor service certification (if applicable).
• Food Handler's Permit (or equivalent).
• Employer-mandated customer service and menu training.

Compliance with Laws and Regulations

Employee will comply with all applicable Oklahoma State Health Department food handling rules and safety standards (OSHA compliance).

Employee will adhere to emergency procedures (fire exits, tornado drills, workplace violence response).

Behavioral and Performance Expectations

Employee is required to promptly report any workplace injuries to secure workers' compensation coverage in accordance with Oklahoma law.

Employee will maintain professionalism and uphold anti-harassment and anti-discrimination policies (covering protected characteristics under federal, Oklahoma state, and local law).

Employee will adhere to restaurant policies on customer service, intoxicated patrons, and cash/tip handling.

Company Policies

Breaks/meals will be scheduled according to company policy: [Detail Company Policy on Breaks/Meals].

Smoking/vaping policy: [State Smoking/Vaping Policy].

Cell phone/technology use on the floor: [Detail Cell Phone/Technology Use Policy].

Use of Employer Property

Employee is responsible for the proper use and care of employer property (POS tablets, trays, uniforms).

Attendance and Time Off

Employee must notify the Employer in case of sickness, tardiness, or absence according to the following procedure: [Detail Notification Procedure].

Time off requests must be submitted according to company policy: [Detail Time Off Request Policy].

Performance Reviews and Termination

Employee's performance will be reviewed [Frequency of Performance Reviews, e.g., annually].

Grounds for termination include: voluntary resignation, dismissal for cause (theft, gross misconduct, repeated customer complaints), or layoff.

Upon termination, Employee must return all uniforms, cash, or equipment. Final pay will be provided in accordance with Oklahoma’s wage payment laws.

At-Will Employment

This is an at-will employment relationship. Either party may terminate the employment relationship at any time, with or without cause, as recognized under Oklahoma law.

Confidentiality and Loyalty

Employee will maintain the confidentiality of guest information and restaurant business practices.

Non-Compete/Non-Solicitation

Any non-compete or non-solicitation restrictions must comply with Oklahoma statutes.

Option A: There are no non-compete restrictions.

Option B: Post-employment limits are defined as: [Specify post-employment limits, such as confidentiality of customer lists].

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma.

Disputes will be resolved first through direct negotiation. If unsuccessful, the parties may pursue mediation/arbitration or Oklahoma courts. Venue for disputes shall be [County Name] County, Oklahoma.

Workers' Compensation

The Employer maintains workers’ compensation insurance coverage as mandated by Oklahoma law. Employee will follow procedures for reporting work injuries.

Equal Opportunity and Anti-Retaliation

The Employer is an equal opportunity employer and prohibits retaliation.

Reporting Concerns

Employee should report harassment, discrimination, or workplace safety concerns to [Manager Contact Person] at [Contact Information].

Documentation and Eligibility to Work

Employee must provide documentation establishing identity and eligibility to work in the United States, as required by federal I-9/immigration and Oklahoma E-Verify provisions.

Acknowledgement

Employee acknowledges receipt of the employee handbook, code of conduct, and key restaurant policy documents.

Oklahoma Industry-Specific Mandates

The employer complies with all relevant Oklahoma industry-specific mandates.

Optional Provisions

The terms of this Agreement are optional or adjustable to support tailoring for specific restaurants, locations, and business models within Oklahoma.

Employer:

[Restaurant Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

Date: [Date]

Employee:

[Employee Full Legal Name]

Signature: ____________________________

Date: [Date]