Pennsylvania restaurant server employment contract template

Pennsylvania Restaurant Server Employment Contract

This Full-Time Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Restaurant Name], a Pennsylvania business entity with its principal place of business at [Restaurant Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

Job Title and Description

• Employee shall be employed as a Restaurant Server.
• The Restaurant Server’s job duties include, but are not limited to:
  • Greeting and seating guests.
  • Taking food and beverage orders accurately.
  • Communicating orders to kitchen/bar staff.
  • Serving orders accurately and efficiently.
  • Managing special dietary/allergy requests per Pennsylvania food safety guidelines.
  • Processing payments using the Employer’s POS system.
  • Refilling drinks and providing attentive service.
  • Resetting tables for subsequent guests.
  • Adhering to the Employer’s customer service standards.
  • Upselling menu items.
  • Handling customer complaints/feedback in a professional manner.
  • Responsible alcohol service, including checking identification as required by the Pennsylvania Liquor Control Board (PLCB).
  • Participation in all required server/safety training, including RAMP (Responsible Alcohol Management Program) certification or similar training, TIPS training, and refresher courses.

Reporting Structure and Teamwork

• Employee will report directly to the [Front-of-House Manager Title, e.g., Front-of-House Manager].
• Employee is expected to work collaboratively with kitchen staff, bar staff, and host staff.

Work Location and Mobility

• The primary work location is [Restaurant Address].
• Option A: Employee may be required to work at other locations owned or operated by Employer within [Number] miles of the primary work location with reasonable notice.
• Option B: Employee will only work at the primary work location.

Shift Changes and Coverage

• Requests for shift changes must be submitted to [Manager Title] at least [Number] days in advance.
• All shift change requests are subject to approval based on operational needs.
• Employee is responsible for finding coverage for any shifts they are unable to work, subject to management approval.

Employment Type and Work Schedule

• Employment is full-time.
• The standard workweek is [Number]-[Number] hours per week.
• Option A: Employee is guaranteed a minimum of [Number] shifts per week.
• Option B: No minimum number of shifts is guaranteed.
• Employee is required to be available for weekends, holidays, and peak meal times.
• Employee may be required to work split shifts.

Overtime

• Employee will be paid overtime at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, as required by Pennsylvania law.
• Overtime must be pre-approved by [Manager Title].
• Working “off-the-clock” is strictly prohibited.

Wages and Tips

• Employee’s hourly base wage is [Dollar Amount] per hour.
• Employer utilizes the Pennsylvania “tipped minimum wage” of $2.83 per hour, relying on Employee's tips to meet the full minimum wage.
• Option A: Tips are pooled and distributed according to the Employer’s tip pooling policy, which is attached to this agreement.
• Option B: Tips are retained by the Employee, subject to applicable tip sharing arrangements (e.g., tipping out bussers).
• Employee is responsible for accurately reporting all tips to the Employer for payroll purposes, as required by the IRS and Pennsylvania law.
• Automatic gratuities for large parties (if applicable) will be handled as follows: [Describe handling of automatic gratuities].
• Pay cycle is [Weekly/Biweekly], paid via direct deposit. Employee will receive a wage statement as required by Pennsylvania law.

Benefits

• Option A: Employee is eligible for the following benefits: [List Benefits, e.g., Health insurance, dental insurance, vision insurance]. Details are outlined in the employee benefits guide.
• Option B: Employee is not currently eligible for employer-provided health, dental, or vision coverage.
• Employer provides Pennsylvania unemployment insurance and workers’ compensation insurance through [Insurance Carrier Name], policy number [Policy Number]. Employee is responsible for reporting any workplace injuries immediately.
• Option A: Employee is entitled to [Number] days of paid vacation per year, accrued according to the Employer’s vacation policy.
• Option B: Employee is not entitled to paid vacation.
• Option A: Employee is entitled to paid sick leave in accordance with Pennsylvania law.
• Option B: Employee is not entitled to paid sick leave.
• Employee is entitled to unpaid leave for jury duty, Pennsylvania statutory holidays, pregnancy, disability, or military service as required by Pennsylvania and federal law.
• Employee is entitled to meal and rest breaks as required by Pennsylvania law.

Uniform and Grooming Standards

• Employee is required to adhere to the Employer’s uniform and grooming standards, as described in [Document Name, e.g., Employee Handbook].
• Option A: Uniforms are provided and cleaned by the Employer.
• Option B: Employee is responsible for providing and maintaining their own uniforms.
• Option C: Uniforms are provided, and Employee is responsible for cleaning and maintaining their own uniforms.

Cash Handling

• Employee is responsible for accurately handling cash transactions and reconciling their till at the end of each shift.
• Employee may be held liable for cash shortages, subject to Pennsylvania wage deduction laws. The Employer’s cash handling policy is detailed in [Document Name, e.g., Employee Handbook].

Hygiene and Safety

• Employee is required to maintain strict hygiene standards and comply with all handwashing requirements per Pennsylvania Department of Agriculture and local county board of health regulations.
• Employee must comply with all restaurant safety rules and procedures.

Confidentiality and Data Privacy

• Employee is required to maintain the confidentiality of guest credit card information, reservation data, loyalty program data, and other sensitive business information.

Behavioral Expectations

• Employee must comply with all Pennsylvania alcohol laws, anti-harassment, anti-discrimination, and workplace conduct policies as outlined in [Document Name, e.g., Employee Handbook] and as required by the Pennsylvania Human Relations Act.
• Prohibited conduct and disciplinary procedures are detailed in [Document Name, e.g., Employee Handbook].
• Employer maintains a zero-tolerance policy for harassment, discrimination, and violence in the workplace.

Occupational Safety

• Employee must report any workplace injuries, dangerous conditions, or food safety incidents immediately to [Manager Title].
• Employee must comply with all OSHA standards and Pennsylvania cleaning/sanitation guidelines.

Intellectual Property and Non-Solicitation

• Menu designs, customer lists, and promotions developed during employment are the property of the Employer.
• Employee acknowledges that Pennsylvania law generally prohibits non-compete agreements for restaurant workers.
• Employee shall not solicit Employer’s employees or customers during or after their employment with Employer.

Termination

• Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, except as otherwise required by law.
• Option A: Employer expects Employee to provide [Number] weeks' notice of resignation when possible.
• Upon termination, Employee must return all Employer property.
• Employee’s final paycheck, including all owed wages and tips, will be available on the next scheduled payday, as required by Pennsylvania law.

Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
• Any disputes arising out of or relating to this Agreement shall be resolved in the county in which the restaurant is located.
• Employer encourages Employee to first address any concerns with [Manager Title] before seeking other remedies.

Child Labor Laws (If Applicable)

• If Employee is under 18 years of age, employment is subject to Pennsylvania child labor laws, including restrictions on hours of work and required breaks. Employer will obtain required parental consent.

Equal Employment Opportunity

• Employer is an equal opportunity employer and does not discriminate on the basis of race, gender, religion, ancestry, sexual orientation, age, disability, or any other protected category under Pennsylvania law.

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.

Employee acknowledges having read, understood, and agreed to the terms of this Pennsylvania Restaurant Server Employment Contract.

____________________________

[Employee Name]

Employee Signature

____________________________

[Date]

____________________________

[Restaurant Name]

Employer Signature

____________________________

[Employer Representative Name and Title]

Employer Representative Name and Title

____________________________

[Date]