Oregon restaurant server employment contract template

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How Oregon restaurant server employment contract Differ from Other States

  1. Oregon prohibits employers from applying a tip credit toward minimum wage, unlike many other states that allow it.

  2. Break and meal period requirements are strictly outlined in Oregon law, and servers must receive uninterrupted rest and meal breaks.

  3. Oregon mandates workplace anti-discrimination and harassment policies be expressly addressed in employment agreements.

Frequently Asked Questions (FAQ)

  • Q: Does Oregon allow employers to use tip credits for servers?

    A: No. Oregon law requires employers to pay servers the full state minimum wage without applying a tip credit.

  • Q: Are meal and rest breaks required for restaurant servers in Oregon?

    A: Yes. Oregon law mandates paid rest breaks and unpaid meal periods for most restaurant employees, including servers.

  • Q: Should the contract mention workplace harassment policies?

    A: Yes. Oregon requires employers to outline anti-discrimination and harassment prevention policies in employment contracts.

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Oregon Restaurant Server Employment Contract

This Oregon Restaurant Server Employment Contract ("Agreement") is made and entered into as of [Date of Signing, e.g., January 1, 2024] by and between [Restaurant/Business Entity Name], a [Business Entity Type, e.g., Oregon Corporation] with its principal place of business at [Restaurant/Business Address], hereinafter referred to as "Employer," and [Employee Name], residing at [Employee Address], hereinafter referred to as "Employee."

1. Position and Work Site

Option A: Employer hires Employee as a full-time Restaurant Server.

Option B: Employer hires Employee as a part-time Restaurant Server.

The primary work site will be located at [Restaurant Location Address], in Oregon. Employee may be required to work at other locations owned or operated by Employer within a reasonable commuting distance.

Employment is considered full-time if the employee works at least [Number of Hours, e.g., 30] hours per week.

2. Job Description

Employee's primary responsibility is to provide excellent customer service as a Restaurant Server. This includes, but is not limited to:

  • Greeting and seating guests in a timely and courteous manner.
  • Presenting menus, answering questions about menu items, and making recommendations.
  • Taking accurate food and beverage orders and entering them into the POS system.
  • Serving food and beverages promptly and efficiently.
  • Checking on guests to ensure satisfaction and addressing any concerns or complaints.
  • Preparing and presenting accurate checks and processing payments.
  • Clearing and resetting tables quickly and efficiently.
  • Performing side work duties as assigned, including stocking supplies, cleaning work areas, and preparing condiments.
  • Adhering to all Oregon Health Authority (OHA) and Oregon Liquor Control Commission (OLCC) regulations regarding food safety and alcohol service.
  • Following allergy safety procedures and communicating dietary restrictions to kitchen staff.
  • Handling cash and credit card transactions accurately and responsibly.

3. Reporting Structure and Teamwork

Employee will report directly to [Direct Supervisor/Manager Name and Title].

Employee is expected to work effectively as part of a team and to communicate openly and respectfully with all coworkers.

Employee may be required to cross-train in other restaurant positions as needed.

4. Work Schedule and Breaks

Employee's work schedule will be determined by Employer based on business needs.

Employee's regular shift start and end times will be communicated in advance, subject to change with reasonable notice.

Employee will be provided with meal and rest breaks as required by Oregon law.

  • A 30-minute meal break will be provided for shifts of six (6) hours or more.
  • A 10-minute paid rest break will be provided for every four (4) hours worked.

Employee is responsible for tracking their time accurately and clocking in and out as required.

Overtime work (hours exceeding 40 in a workweek) requires prior approval from [Manager Name/Position].

5. Compensation and Tips

Employer will pay Employee an hourly wage of [Hourly Wage Amount], which is at or above the current Oregon minimum wage for [Oregon Region, e.g., Portland Metro, Standard].

Employee will be paid bi-weekly/semi-monthly on [Day of the Week].

All wages will be paid via [Payment Method, e.g., direct deposit, check].

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.

Employee is required to accurately report all tips received.

Tips will be distributed according to the following tip pooling arrangement: [Description of Tip Pooling Arrangement, e.g., Tips are pooled and distributed based on hours worked].

6. Benefits

Employee is entitled to Oregon Paid Sick Leave (PSL) as required by law.

Employee accrues 1 hour of PSL for every 30 hours worked, up to a maximum of 40 hours per year.

Option A: Employee is eligible for group health insurance after [Number] days of employment.

Option B: Employee is not eligible for group health insurance.

Employee is entitled to a [Percentage]% discount on meals at the restaurant.

Employer may offer additional benefits such as paid vacation or personal leave. Details will be provided separately.

7. Workplace Safety

Employer is committed to providing a safe and healthy work environment.

Employee is required to report any workplace injuries or accidents immediately to [Manager Name/Position].

Employee is required to participate in all required health and safety training, including training on safe food handling, alcohol service, and hazard communication.

8. Dress Code and Uniform

Employee is required to adhere to the restaurant's dress code and uniform policy.

The required uniform is [Description of Uniform].

Option A: Employer will provide the uniform at no cost to the employee.

Option B: Employee is responsible for purchasing and maintaining the uniform.

9. Behavioral and Professional Standards

Employee is expected to maintain a professional demeanor at all times and to provide excellent customer service.

Employee must adhere to all cash-handling procedures.

Employee is prohibited from consuming alcohol or tobacco while on the premises.

Employee's use of cell phones and other electronic devices is restricted during work hours.

Employee must maintain a valid OLCC server permit and/or food handler certification as required by Oregon law.

10. Anti-Discrimination and Harassment

Employer prohibits discrimination and harassment of any kind based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, veteran status, or any other protected characteristic under Oregon law.

Employee should report any instances of discrimination or harassment to [Manager Name/Position].

11. At-Will Employment

Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Oregon law.

If Employee resigns, Employee is requested to provide [Number] days written notice.

Upon termination, Employee's final paycheck will be provided in accordance with Oregon law.

12. Property Return

Upon termination of employment, Employee is required to return all Employer property, including uniforms, POS cards, keys, and other company property.

13. Background Checks

Option A: Employment is contingent upon a satisfactory background check.

Option B: No background check will be conducted.

The background check will be limited to information relevant to the position of Restaurant Server and will be conducted in compliance with Oregon law.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement will be resolved through good faith negotiation.

If negotiation is unsuccessful, the parties agree to attempt mediation in [City, Oregon] before resorting to litigation.

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

15. Amendment

This Agreement may be amended only in writing, signed by both parties.

16. Non-Compete/Non-Solicitation

This Agreement does not contain any non-compete or non-solicitation clauses.

17. Confidentiality

Employee agrees to maintain the confidentiality of guest data, payment information, and any proprietary information belonging to Employer.

18. Shift Coverage and Attendance

Employee is responsible for finding coverage for any scheduled shifts they are unable to work.

Employee must notify [Manager Name/Position] as soon as possible if they are unable to work a scheduled shift.

Failure to report for a scheduled shift without proper notification may result in disciplinary action.

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

[Restaurant/Business Entity Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Name]

Signature:

Date:

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