South Dakota chef employment contract template

South Dakota Chef Employment Contract

This South Dakota Chef Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between:

• [Employer Legal Name], a [State] [Entity Type, e.g., Corporation], with a principal place of business at [Employer Address] (“Employer”),
• and
• [Chef Legal Name], residing at [Chef Address] (“Chef”).

1. Employment

• Option A: Employer hereby employs Chef, and Chef hereby accepts employment with Employer, as a full-time Chef.
• Option B: This is an at-will employment contract, meaning that either the Employer or the Chef may terminate the employment relationship at any time, with or without cause, subject to any applicable notice requirements outlined in this agreement.

2. Position and Classification

• The Chef’s position is that of Full-Time Chef.
• Option A: The position is classified as Exempt under the Fair Labor Standards Act (FLSA) and South Dakota wage and hour laws.
• Option B: The position is classified as Non-Exempt under the Fair Labor Standards Act (FLSA) and South Dakota wage and hour laws, and Chef will be entitled to overtime pay as required by law.

3. Worksite Location

• The primary worksite location is [Restaurant/Hotel/Catering Facility Name] located at [Address], South Dakota.
• Option A: The Chef may be required to work at off-site catering events and other locations as needed within South Dakota.
• Option B: Travel outside of South Dakota may be required for training or events.

4. Chef Duties and Responsibilities

• Chef's duties include, but are not limited to: menu planning, recipe creation, food preparation, cooking, plating, kitchen staff supervision, inventory management, ordering supplies, maintaining food cost targets, food presentation, sourcing local/seasonal ingredients, and compliance with South Dakota Department of Health food safety and sanitation regulations.
• The Chef will specialize in [Cuisine Type(s)] cuisine and must demonstrate a high level of culinary skill and expertise in [Specific Skills/Expertise, e.g., game meat preparation, regional specialties].

5. Hours of Work

• The Chef's work schedule will be [Number] hours per week, with shift patterns as determined by Employer.
• Option A: The Chef may be required to work split shifts, weekends, and holidays as needed.
• Option B: Overtime will be compensated at a rate of 1.5 times the Chef's regular hourly rate for all hours worked over 40 in a workweek, as required by the FLSA and South Dakota law.
• Meal and rest breaks will be provided in accordance with South Dakota law.

6. Food Safety and Certifications

• The Chef must maintain a current ServSafe certification or equivalent food handler and manager certification recognized by the South Dakota Department of Health.
• Option A: Employer will provide training and cover the costs of certification renewal.
• Option B: The Chef is responsible for maintaining their certification at their own expense.

7. Uniform and Grooming

• The Chef is required to maintain a professional appearance and adhere to Employer's uniform and grooming standards.
• Option A: Employer will provide uniforms and cleaning services.
• Option B: Chef is responsible for providing and cleaning their own uniforms. Employer will reimburse Chef [Dollar Amount] per [Time Period] for uniform maintenance.
• Chef is responsible for providing their own knives and tools.

8. Kitchen Conduct

• The Chef must maintain a clean and safe work environment, adhere to all safety regulations, and report any accidents or injuries immediately.
• The Chef must comply with all South Dakota Health Code regulations, including reporting any suspected foodborne illness outbreaks to local health authorities.
• If applicable, the Chef must comply with all alcohol service requirements under South Dakota law.

9. Reporting Relationships

• The Chef will report to [Executive Chef/General Manager/Owner Name], [Title].
• The Chef has the authority to supervise and discipline kitchen staff, subject to Employer's policies.

10. Compensation

• Option A: The Chef will be paid a base salary of [Dollar Amount] per year, payable [Bi-weekly/Monthly].
• Option B: The Chef will be paid an hourly wage of [Dollar Amount] per hour, payable [Bi-weekly/Monthly].
• Option A: The Chef is eligible for tip sharing/pooling in accordance with South Dakota law.
• Option B: The Chef is not eligible for tip sharing/pooling.
• Option A: The Chef is eligible for a performance bonus based on [Food Cost Controls/Customer Satisfaction Metrics]. Details of the bonus structure are outlined in Exhibit A.
• Option B: The Chef is not eligible for a performance bonus.

11. Benefits

• Employer offers the following benefits:
• Health insurance
  • Option A: Employer contributes [Percentage]% towards health insurance premiums.
  • Option B: Chef is responsible for the full cost of health insurance.
• Dental insurance
• Vision insurance
• Paid vacation: [Number] days per year, accrued according to Employer's policy.
• Sick leave: [Number] days per year, accrued according to South Dakota law.
• Personal days: [Number] days per year.
• Bereavement leave: As outlined in Employer’s policy.
• South Dakota recognized state holidays: [List Holidays].
• Option A: Employer offers access to a retirement plan.
• Option B: Employer does not offer a retirement plan.
• Option A: Employer offers an Employee Assistance Program (EAP).
• Option B: Employer does not offer an EAP.
• Employee meals or meal discounts: [Specify details].

12. Leave of Absence

• The Chef is entitled to leaves of absence as provided under South Dakota law and the Family and Medical Leave Act (FMLA).
• This includes leave for illness, family medical reasons, bereavement, jury duty, and military service.

13. Property and Intellectual Property

• All recipes, menu concepts, and specialty dishes developed by the Chef during employment are the property of the Employer.
• The Chef agrees to assign all rights, title, and interest in such intellectual property to the Employer.

14. Confidentiality

• The Chef agrees to maintain the confidentiality of Employer's proprietary recipes, business operations, vendor pricing, and customer lists.
• This obligation extends beyond the termination of employment.

15. Outside Work

• The Chef is prohibited from engaging in outside catering or personal chef work during employment without the Employer's written consent.

16. Marketing and Public Relations

• The Chef may be required to participate in Employer's marketing or public relations events, food competitions, or community events.

17. Anti-Harassment and Non-Discrimination

• Employer is an equal opportunity employer and prohibits harassment and discrimination based on gender, race, religion, disability, age, or any other protected category under South Dakota and federal law.

18. Background Check and Medical Clearance

• Option A: Employment is contingent upon a satisfactory background check.
• Option B: Employment is not contingent on a background check.
• Option A: The Chef may be required to undergo a medical clearance if required by law.
• Option B: The Chef is not required to undergo a medical clearance.

19. Termination

• Option A: Employer may terminate the Chef's employment for just cause, including breaches of health code, gross misconduct, intoxication on the job, or repeated tardiness or absence.
• Option B: Employer or employee may terminate at will (see section 1).
• Employer will provide the Chef with a final paycheck and any accrued benefits upon termination, as required by South Dakota law.

20. Return of Property

• Upon termination of employment, the Chef must return all Employer property, including tools, keys, uniforms, recipes, and electronic devices.

21. Governing Law and Venue

• This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.
• The venue for any disputes arising under this Agreement shall be [Pennington County/Other County], South Dakota.

22. Dispute Resolution

• Any disputes arising under this Agreement shall be resolved through [Negotiation/Mediation/Arbitration].

23. Workers' Compensation and Safety

• The Chef is covered by Employer's workers' compensation insurance in accordance with South Dakota law.
• The Chef must comply with all OSHA-compliant safety regulations and report any on-the-job incidents immediately.

24. Alcohol/Tobacco Handling (If Applicable)

• If the Chef is required to handle alcohol, they must be at least 21 years of age and possess any required server certifications under South Dakota law.

25. Accommodation

• Employer will provide reasonable accommodations for the Chef's religious beliefs or disabilities as required by law.

26. Seasonal Work

• The Chef acknowledges that the hospitality industry in South Dakota is subject to seasonal fluctuations, and the Chef may be required to work additional hours during peak seasons.

27. Non-Compete (If Applicable)

• Any non-compete clause in this Agreement is narrowly tailored to protect Employer's legitimate business interests and complies with South Dakota law.

28. Work Authorization

• The Chef must maintain lawful work authorization in the United States.

29. Staff Meetings and Training

• The Chef is required to participate in periodic staff meetings, menu tastings, and safety training.

30. Changes to Hours or Job Duties

• Employer reserves the right to change the Chef's hours, shift assignments, or job duties as needed, with reasonable advance notice.

31. Relocation/Travel Expenses

• Option A: Employer will reimburse the Chef for relocation or travel expenses incurred for catering events, subject to Employer's policy.
• Option B: Employer will not reimburse the Chef for relocation or travel expenses.

32. Physical Exams

• Employer reserves the right to require the Chef to undergo a physical exam or health clearance if necessary to ensure food safety.

33. Staff Meals and Housing

• Option A: The Chef will receive a staff meal allowance of [Dollar Amount] per shift.
• Option B: The Chef will not receive a staff meal allowance.
• Option A: Employer will provide housing support for remote lodge/seasonal chef roles as [Specify Details].
• Option B: Employer will not provide housing support.

34. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

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]

[Chef Legal Name]

Signature: ___________________________