Oregon chef employment contract template
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How Oregon chef employment contract Differ from Other States
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Oregon mandates statewide paid sick leave for employees, including chefs, whereas requirements vary or may not exist in other states.
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The minimum wage for chefs in Oregon is determined by region and is typically higher than the federal minimum wage in other states.
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Oregon law restricts non-compete clauses more strictly than many other states, impacting contract terms for chefs.
Frequently Asked Questions (FAQ)
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Q: Is it required to provide paid sick leave to chefs in Oregon?
A: Yes, Oregon law requires employers to provide paid sick leave to all employees, including chefs, with certain accrual criteria.
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Q: Can an Oregon chef employment contract include a non-compete clause?
A: Oregon allows non-compete clauses only under specific conditions, and many standard non-compete terms are not enforceable.
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Q: Does Oregon have a unique minimum wage for chefs?
A: Yes, Oregon's minimum wage rates differ by geographic region and are typically higher than the federal minimum wage.
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Oregon Chef Employment Contract
This Oregon Chef Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Legal Name], located at [Employer Address], hereinafter referred to as “Employer,” and [Employee Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”
1. Job Title and Description
- Option A: The Employee is hired as [Job Title, e.g., Executive Chef, Sous Chef].
- Option B: The Employee is hired as a [Job Title] responsible for [brief job description].
2. Primary Work Location
- Option A: The Employee’s primary work location will be at [Restaurant Name] located at [Restaurant Address, City, Oregon].
- Option B: The Employee may be required to work at other locations, including off-site catering events within [specify radius/locations in Oregon].
3. Employment Type and Hours
- Option A: This is a full-time position.
- Option B: The standard work week is [Number] hours per week.
- The Employee’s schedule will be [Days of the week] from [Start Time] to [End Time], including nights, weekends, and holidays as required.
- The Employee will be entitled to meal and rest breaks as required by Oregon law, based on shift length. Specifically:
- A [Number]-minute paid rest break for every [Number]-hour work period.
- A [Number]-minute unpaid meal break for shifts exceeding [Number] hours.
- Overtime will be paid at a rate of one and one-half (1.5) times the Employee’s regular rate of pay for all hours worked over 40 in a workweek, as required by Oregon law.
4. Job Duties and Responsibilities
- The Employee’s duties and responsibilities include, but are not limited to:
- Menu planning and recipe development.
- Food preparation and cooking.
- Supervising kitchen staff.
- Ordering and inventory management.
- Ingredient sourcing [specify if there are Oregon food sourcing requirements].
- Maintaining sanitation and cleanliness.
- Compliance with Oregon Health Authority food safety and licensing standards.
- Allergen management.
- Plating and presentation.
- Event and banquet coordination.
5. Required Certifications and Training
- Option A: The Employee must possess a valid Oregon Food Handler Certificate.
- Option B: The Employee must possess a valid Oregon Food Manager Certification.
- The Employee is required to participate in health and safety trainings as mandated by Oregon statutes, including OSHA Oregon regulations.
6. Reporting Line
- Option A: The Employee will report to the [Job Title, e.g., General Manager, F&B Director].
- Option B: The Employee will report to [Name of Specific Person].
7. Tools and Equipment
- Option A: The Employer will provide the Employee with [List of Tools and Equipment, e.g., professional knives, uniforms, PPE].
- Option B: The Employee is responsible for providing their own [List of Tools]. The Employer will reimburse the employee up to [Dollar Amount] per [Time Period] for tool maintenance/replacement.
- The Employee is expected to maintain a professional appearance, including wearing the provided uniform and adhering to [Specify Dress Code].
8. Compensation
- Option A: The Employee’s annual salary is [Dollar Amount], payable in accordance with the Employer’s regular payroll schedule.
- Option B: The Employee’s hourly wage is [Dollar Amount], which is above the Oregon minimum wage.
- Overtime will be paid at a rate of one and one-half (1.5) times the Employee’s regular rate of pay for all hours worked over 40 in a workweek, as required by Oregon law.
- The Employee will be paid [Pay Period, e.g., bi-weekly].
- [Specify if tips/gratuities/automatic service charges are pooled or distributed].
- [Specify if the Employee is eligible for performance-based bonuses, profit sharing, or sales incentives].
9. Benefits
- The Employee is eligible for the following benefits:
- Healthcare coverage (medical, dental, vision) [Specify details of coverage].
- Paid sick leave per Oregon Sick Leave Law, accruing at least 40 hours per year, with use and carryover rules as defined by law.
- Paid vacation/PTO: [Number] days per year.
- Federal and state holidays: [List Holidays].
- [Specify if Bereavement Leave is provided].
- Meal and break entitlements (including employer-provided meals or meal discounts).
- [Specify if a retirement plan is offered, e.g., 401k with employer match].
- [Specify if transportation/parking allowances are provided].
- [Specify if uniform cleaning is provided].
- [Specify if culinary education or certification reimbursement is offered].
10. Intellectual Property and Recipe Ownership
- All recipes, menus, and culinary techniques developed by the Employee in the course of their employment are the property of the Employer.
- The Employee may use their signature dishes or personal recipes with the Employer’s written consent.
- The Employee is restricted from using Employer recipes after termination of employment.
11. Confidentiality
- The Employee agrees to maintain the confidentiality of the Employer’s trade secrets, recipes, supplier/vendor lists, and business operations, in accordance with the Oregon Uniform Trade Secrets Act.
- This confidentiality obligation survives the termination of this Agreement.
12. Conflict of Interest and Outside Activities
- The Employee must obtain written consent from the Employer before engaging in any other culinary work, catering, side businesses, or food competitions.
- The Employee must avoid any direct competition with the Employer during their employment.
13. Professional Conduct
- The Employee is expected to maintain high standards of professional conduct, including:
- Maintaining kitchen hygiene.
- Complying with food safety and allergen protocols.
- Adhering to the Employer’s substance abuse and alcohol policies (including Oregon-specific regulations regarding legal marijuana).
- Maintaining a respectful workplace environment, free from harassment.
14. Authority and Input
- The Employee will [Specify level of input/authority] regarding menu changes, supplier selection, hiring/training of kitchen staff, and vendor negotiations.
15. Insurance and Safety
- The Employer maintains workers’ compensation coverage as required by Oregon statute.
- The Employee is required to report all workplace injuries and incidents to the Employer immediately.
16. Non-Solicitation and Non-Competition
- The Employee agrees not to solicit the Employer’s employees or customers for a period of [Number] months following termination of employment.
- [Include Non-Competition clause only if enforceable under Oregon law. Ensure it complies with ORS 653.295, including salary threshold, advance written notice, and maximum 12-month term.]. For example: During the term of employment and for a period of up to [Number, max 12] months following termination of employment, Employee shall not work as a [Specific Role] for a competing restaurant or food service establishment within [Radius] miles of Employer’s location. Employee acknowledges that this restriction is reasonable and necessary to protect Employer's legitimate business interests. [Ensure Compliance with ORS 653.295. Consult legal counsel before including this clause.]
17. At-Will Employment
- Employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following:
- The Employee must provide [Number] days’ written notice of resignation.
- The Employer may terminate the Employee’s employment with [Number] days’ written notice, or immediately for cause (e.g., health code violation, intoxication, theft).
- Final wage payment will be made according to Oregon law.
- Upon termination, the Employee must return all Employer property and documentation.
18. Dispute Resolution
- Any disputes arising out of or relating to this Agreement will be resolved through [Specify Dispute Resolution Method, e.g., internal grievance procedure, mediation, arbitration].
- This Agreement will be governed by and construed in accordance with the laws of the State of Oregon. Venue for any legal action will be in [County, Oregon].
19. Equal Employment Opportunity
- The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, age, religion, national origin, disability, veteran status, or any other protected category under Oregon or federal law.
20. Immigration and Work Eligibility
- The Employee must provide documentation demonstrating their eligibility to work in the United States.
- The Employer may use E-Verify to confirm the Employee’s work eligibility.
21. Collective Bargaining
- [Specify if the restaurant is a union shop or has a collective bargaining agreement].
22. Entire Agreement
- This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Legal Name]
[Employee Signature]