South Carolina restaurant server employment contract template

South Carolina Restaurant Server Employment Contract

This South Carolina Restaurant Server Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:

• [Restaurant Legal Name], a business entity organized and existing under the laws of South Carolina, with its principal business address at [SC Business Address] ("Employer"), and holding the following license/permit number (if applicable): [License/Permit Number], represented by [Contact Person Name].
• [Employee Full Legal Name], residing at [Employee Address], with phone number [Employee Phone Number] ("Employee"). In case of emergency, please contact [Emergency Contact Name] at [Emergency Contact Phone Number].

1. Position and Duties

The Employer hereby employs the Employee as a Restaurant Server. The Employee accepts such employment and agrees to perform the following duties, as required in a South Carolina restaurant environment:

• Greeting guests and providing menus.
• Taking and serving food and beverage orders accurately and efficiently.
• Upselling menu items and promoting specials.
• Handling cash and electronic payments using the restaurant's POS system.
• Checking guests' identification for alcohol service in compliance with South Carolina minimum age laws.
• Following restaurant hygiene and cleaning procedures in accordance with DHEC food safety standards.
• Setting and clearing tables promptly.
• Managing assigned section effectively.
• Assisting in opening and closing tasks as directed.
• Compliance with DHEC food safety standards.
• Other duties as assigned.
• Reporting Lines: Employee will report to [Supervisor/Manager/Shift Lead].

2. Work Location

The primary work location for the Employee is [Specific Restaurant Address].

• Option A: The Employee may also be required to work at offsite catering events as needed.
• Option B: The Employee will not be required to work at offsite catering events.

3. Employment Status and Hours

The Employee's employment is full-time.

• The Employee's expected weekly hours are [Number] hours.
• Scheduling practices: Shifts will be scheduled based on restaurant hours of operation.
• Rotating shifts: The Employee may be required to work rotating shifts.
• Weekend/holiday work: The Employee is expected to work weekends and holidays as needed.
• Shift swaps/coverage: Policies regarding shift swaps or covering for coworkers will be governed by the Employee Handbook.

4. Compensation

• Option A: The Employee's hourly wage is [Dollar Amount] per hour, inclusive of any applicable tip credit claimed by the Employer.
• Option B: The Employee's hourly wage is [Dollar Amount] per hour, and the Employer does not intend to claim a tip credit.

The primary compensation will include the base hourly wage plus customer gratuities, in accordance with South Carolina and federal tip credit laws. The Employer confirms compliance with US DOL tip pooling/credit requirements and all South Carolina wage notification requirements.

Tip Pooling/Sharing/Distribution: [Describe tip pooling/sharing policy if any. If none, state "There is no tip pooling or sharing policy." Include details on which positions are eligible to participate in the pool.]

Pay Cycle: The Employee will be paid [Weekly/Biweekly].

Payment Method: The Employee will be paid via [Direct Deposit/Check].

Wage Statement Details: Wage statements will include all information required by South Carolina law.

5. Overtime

Overtime will be paid in accordance with South Carolina and federal law (over 40 hours per week).

• Overtime Rate: Overtime will be paid at one and one-half (1.5) times the Employee's regular rate of pay.
• Overtime Approval: Overtime must be approved in advance by [Designated Manager/Supervisor].
• Holiday Pay: [State policy on premium pay during holidays or special events.]

6. Meal and Rest Breaks

• Meal and rest break practices will be as follows: [Describe any provided breaks, meal allowances, or policies, including whether breaks are paid or unpaid, and rights around break interruptions. Note: South Carolina has minimal mandates.]

7. Benefits

The following benefits are available to eligible employees:

• Health Insurance: [Describe health insurance eligibility, waiting period, and compliance with ACA, if offered.]
• Dental/Vision/Other Insurance: [Describe any other insurance benefits.]
• Retirement: [Describe any 401(k) or retirement options.]
• Paid Time Off (PTO): [Describe sick leave/vacation/PTO policy, including accrual rates, carryover, and blackout dates.]
• Holidays: [List South Carolina recognized holidays.]
• Employee Meals/Discounts: [Describe meal or breakroom access and employee meal or discount policies.]
• Voluntary Benefits: [Describe any voluntary benefit programs.]

8. Uniform and Dress Code

• The Employee is required to wear the following uniform: [Describe the uniform requirements.]
• Uniform Supply: [State whether uniforms are supplied by the employer.]
• Uniform Maintenance: [State whether uniforms are maintained at employer or employee expense.]
• Compliance with SC Statutes and Federal Law on Uniform Deductions: The Employer will comply with all applicable laws regarding uniform deductions.

9. Training and Certification

• The Employee is required to complete the following training/certifications: [List mandatory food handler, alcohol server (e.g., TIPS, ServSafe Alcohol) training.]
• Cost/Payment Policy: [State cost/payment policy if training is required by the employer or local ordinances.]

10. Health, Sanitation, and Safety

The Employee is required to comply with the Employer’s and SC DHEC health, sanitation, and OSHA safety practices.

• Specific Policies: [Describe specific policies for handling allergen information and foodborne illness reporting under SC food code.]

11. Behavioral Standards and Customer Service

The Employee is expected to adhere to the following behavioral standards and customer service policies:

• Punctuality
• Professional Appearance
• Communication Standards
• Handling of Customer Complaints
• Anti-Harassment Policy
• Proper Conduct

12. At-Will Employment

The Employee’s employment is at-will. Both parties may terminate the employment relationship at any time, with or without cause and notice, unless otherwise agreed in writing.

13. Termination Procedures

• Notice Requirements: [State notice requirements by either party, if applicable.]
• Final Wage Payment: The final wage payment, including all earned tips, will be made in accordance with S.C. Code § 41-10-50 timelines.
• Return of Property: The Employee must return all restaurant property (uniform, keys, etc.) upon termination.
• Grounds for Immediate Dismissal: The Employer may terminate employment immediately for reasons including theft, intoxication on duty, workplace violence, serious policy breaches, or repeated tardiness.

14. Confidentiality

The Employee agrees to maintain the confidentiality of restaurant business information, customer lists, and sensitive company operations.

15. Intellectual Property

• Option A: The Employee acknowledges that any intellectual property created during their employment related to the restaurant’s business is the property of the Employer.
• Option B: This section does not apply to this position.

16. Non-Competition/Non-Solicitation/Moonlighting

• Option A: The Employee agrees not to compete with or solicit customers or employees of the Employer during their employment and for a period of [Number] months following termination of employment within a [Number] mile radius of the restaurant.
• Option B: This section does not apply to this position.
• Moonlighting: [State policy on whether second jobs must be reported.]

17. Anti-Discrimination and Equal Opportunity

The Employer is an equal opportunity employer and complies with all South Carolina and federal anti-discrimination, equal opportunity, and harassment laws.

• Anti-Harassment Reporting: [Describe employer's anti-harassment reporting mechanisms.]

18. Wage Notification

The Employer will provide the Employee with written notice of compensation and deductions, as per S.C. Code § 41-10-30 and § 41-10-40.

• Employee Acknowledgement: The Employee acknowledges receipt of this wage notification.

19. Grievance and Dispute Resolution

• Reporting Line: The Employee should report any workplace issues to [Designated Manager/Supervisor].
• Complaint Resolution Steps: [Describe complaint resolution steps.]
• Mediation/Arbitration: [State options for mediation/arbitration, if required.]
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.

20. Workers' Compensation

The Employee is covered by the Employer’s workers’ compensation insurance. Workplace injury reporting and return-to-work procedures will be in accordance with the SC Workers’ Compensation Act.

21. Workplace Accommodations

The Employee is eligible to request workplace accommodations related to pregnancy, disability, or medical conditions under SC law.

22. Cell Phone and Personal Property

• Cell Phone Usage: [Describe policies or requirements regarding the use of personal cell phones or devices.]
• Personal Property Storage: [Describe any personal property storage/locker requirements.]

23. Modification

All policies and procedures described in this contract may be updated per the Employer’s employee handbook or written policy, provided advance written notice is given. The following terms are binding contractually: [Specify which terms are binding contractually, i.e. Compensation, Overtime, Termination].

24. Additional Provisions

• [Include any additional provisions specific to the restaurant's own practices, special roles (e.g., banquet server, head server), catering/events assignments, side work requirements, or unique customer service standards.]

25. Signatures

By signing below, the parties acknowledge that they have read, understood, and agree to all the terms and conditions of this Agreement.

____________________________
Employer Signature

[Employer Printed Name]

[Date]

____________________________
Employee Signature

[Employee Printed Name]

[Date]

Employee acknowledges full understanding of wage structure, tip policies, and key provisions pursuant to SC legal standards.