Rhode Island restaurant server employment contract template

Rhode Island Restaurant Server Employment Contract

This Rhode Island Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Effective Date], by and between [Restaurant Name], a [State of Incorporation] corporation with its principal place of business at [Restaurant Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position

• Restaurant Server
• Option A: The Employee will perform the following core duties: greeting and seating guests, providing detailed menu and allergen information, accurately taking food and beverage orders, handling special dietary requests, ensuring correct order delivery, monitoring guest satisfaction during service, responding to guest complaints, and managing payment transactions including cash, credit, and split bills.
• Option B: The Employee will also perform auxiliary responsibilities such as setting and resetting tables, polishing silverware, restocking service stations, maintaining cleanliness in assigned sections, following specific opening and closing checklists, adhering to Rhode Island Department of Health food safety and sanitation requirements, and participating in staff meetings and role-specific trainings.

2. Work Location

• The Employee's primary work location will be at the Employer's restaurant located at [Restaurant Address], Rhode Island.
• Option A: The Employee may be required to work at secondary locations or offsite events as needed.

3. Work Schedule

• The Employee is a full-time employee, with a minimum of 30 hours per week.
• Option A: The Employee's shift assignments may include breakfast, lunch, dinner, and late-night shifts.
• Option B: Mandatory overtime may be required.
• Option C: Shift-swapping policies will be determined by management.
• Option D: On-call availability may be required.
• Option E: The Employee is entitled to a 20-minute meal break for shifts over 6 hours, as required by Rhode Island General Laws. Break times will be scheduled by the manager. The designated break area is [Location of Break Area].

4. Compensation

• The Employee's base hourly wage is [Hourly Wage].
• The Employee will receive tips from customers. The Employer will ensure that the Employee's total compensation, including tips, meets or exceeds the Rhode Island minimum wage.
• The Employee will be paid [Payment Frequency, e.g., weekly, bi-weekly].
• Overtime pay will be paid at a rate of 1.5 times the Employee's regular rate for hours worked over 40 in a workweek, as required by Rhode Island law.
• Option A: The Employer utilizes a tip pool system. Tips will be distributed among servers, bussers, and [Other Tipped Employees]. Management is prohibited from participating in the tip pool. The specific distribution formula is [Tip Pool Distribution Formula].
• Option B: The Employee may be eligible for non-discretionary bonuses, such as [Bonus Type, e.g., holiday bonus, sales-based incentives]. The terms and conditions of these bonuses will be provided separately.
• Option C: Deductions from the Employee's wages will be made only as permitted by Rhode Island law. Deductions for meals and uniforms will be in accordance with Rhode Island regulations. Deductions will not be made for breakage or guest walkouts.

5. Employee Benefits

• Option A: The Employee may be eligible for health, dental, and vision insurance after [Waiting Period]. The employee cost sharing will be [Employee Cost Sharing Percentage].
• Option B: The Employer offers a company-sponsored retirement program. Details will be provided separately.
• Option C: The Employee will accrue paid sick leave in accordance with Rhode Island’s Healthy and Safe Families and Workplaces Act.
• Option D: The Employee will be eligible for paid vacation time after [Waiting Period]. The amount of vacation time will be [Vacation Time Accrual Rate].
• Option E: The Employee is entitled to statutory holidays as recognized by Rhode Island law.
• Option F: The Employee may be eligible for emergency leave, bereavement leave, family leave, and Rhode Island Temporary Caregiver Insurance as per Rhode Island law.
• Option G: The Employee will receive [Employee Meal Details, e.g., free meals, meal discounts].
• Option H: The Employer will [Uniform Policy, e.g., provide uniforms, reimburse for uniforms]. If the Employee is required to purchase uniforms or footwear, the Employer will reimburse the Employee as required by Rhode Island law.
• Option I: The Employer will [Transportation/Parking Policy, e.g., provide transportation stipends, provide parking stipends].

6. Workplace Conduct and Appearance

• The Employee is expected to adhere to the Employer's dress code and grooming standards, as detailed in the Employee Handbook.
• Option A: The Employee will follow the daily check-in procedures outlined by management.
• Option B: The Employee will interact with guests and coworkers in a professional and courteous manner.
• Option C: The Employer maintains a strict anti-harassment policy.
• Option D: The Employee will adhere to behavioral standards regarding substance abuse, punctuality, and customer complaint handling.
• Option E: The Employee will strictly adhere to all applicable health codes.

7. Food Safety Certification

• The Employee is required to obtain and maintain a valid food safety certification, such as ServSafe, within [Timeframe] of employment.
• Option A: Failure to obtain and maintain a valid food safety certification may result in disciplinary action, up to and including termination.
• Option B: The Employee will comply with all applicable sanitation and COVID-era health measures.

8. Anti-Discrimination and Harassment Policy

• The Employer is an equal opportunity employer and prohibits discrimination based on race, gender, sexual orientation, gender identity, religion, disability, age, or any other category protected by Rhode Island law. The Employer also prohibits harassment of any kind.
• Option A: The Employee should report any instances of discrimination or harassment to [Designated Contact Person/Department].
• Option B: The Employer prohibits retaliation against any employee who reports discrimination or harassment.

9. 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 notice, subject to applicable Rhode Island law.
• Option A: If the Employee voluntarily quits, the Employee is expected to provide [Notice Period] written notice.
• Option B: In the event of termination by the Employer, the Employee's final paycheck will be provided on the next regular payday or within 24 hours if terminated, as required by Rhode Island law.
• Option C: Upon termination, the Employee must return all Employer property.
• Option D: The Employee will receive information regarding state-mandated notifications and exit paperwork.

10. Confidentiality

• The Employee agrees to keep confidential all proprietary business information, customer lists, promotional strategies, pricing, and company recipes or processes.
• Option A: The Employee will adhere to the Employer's social media policy.

11. Performance Evaluation and Discipline

• The Employee's performance will be evaluated periodically.
• Option A: The Employer may utilize a probationary period.
• Option B: Performance-based discipline, correction, or advancement will be based on [Performance Criteria].

12. Workplace Safety and Workers' Compensation

• The Employer will maintain a safe workplace in compliance with Rhode Island Department of Labor and Training and OSHA regulations.
• Option A: The Employee must report any workplace injuries immediately to [Designated Contact Person/Department].
• Option B: The Employee is covered by workers' compensation insurance as required by Rhode Island law.

13. Alcohol Service

• The Employee must comply with all Rhode Island liquor laws and regulations regarding alcohol service.
• Option A: The Employee must be at least 18 years old to serve alcohol with specific permission or supervision as per Rhode Island law.
• Option B: The Employee may be required to complete a mandatory alcohol-board training program, such as TIPS.
• Option C: The Employee is responsible for refusing service to intoxicated patrons.

14. Non-Solicitation/Non-Poaching

• The Employee agrees not to solicit or poach customers or coworkers for [Time Period] after termination of employment, subject to Rhode Island law.
• Option A: This clause is narrowly tailored and does not constitute a broad non-compete agreement, which is prohibited in food service in Rhode Island.

15. Dispute Resolution

• Any disputes arising out of or relating to this Agreement will be resolved through good faith negotiation, followed by voluntary mediation, and then Rhode Island-based arbitration before resorting to court proceedings.
• Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island. Venue for any legal action shall be in [County Name] County, Rhode Island.

16. Acknowledgement of Required Notices

The Employee acknowledges receipt of the following required employment notices: wage and labor standards summary, sexual harassment notice, tip credit notification, and any other required state disclosures for restaurant workers.

17. Employer's Right to Revise

The Employer reserves the right to revise its policies and the terms of this Agreement within legal limits.

18. Entire Agreement

• This Agreement constitutes the entire agreement between the parties relating to the Employee's employment as a Restaurant Server and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Option A: Employee acknowledges having read and understood all provisions of this agreement.

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

____________________________
[Employer Name]

By: ____________________________
[Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Name]

Date: ____________________________