South Dakota restaurant server employment contract template

South Dakota Restaurant Server Employment Contract

This Restaurant Server Employment Contract (the “Agreement”) is made and effective as of [Date] by and between:

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

1. Employment

• The Employer hires the Employee as a Restaurant Server, and the Employee accepts such employment.
• This is a [Full-time/Part-time] position.

2. Full-Time Definition

• Option A: Full-time employment is defined as an average of [Number] hours per week.
• Option B: Full-time employment is defined as regularly scheduled shifts totaling at least 30 hours per week.
• The Employee's schedule may include days, evenings, weekends, and holidays as required by the restaurant's needs. Shifts will typically start at [Start Time] and end at [End Time], subject to change based on operational requirements. Standby/on-call duties are [Required/Not Required]. If required, details are as follows: [Standby/On-Call Details].

3. Job Duties

• The Employee's primary job duties include, but are not limited to:
• Greeting and seating guests.
• Presenting menus and taking food and beverage orders accurately.
• Relaying orders to the kitchen and bar staff.
• Delivering orders promptly and efficiently.
• Explaining menu items, handling allergen inquiries, and addressing dietary restrictions.
• Recommending specials and upselling menu items.
• Coordinating with hosts, bussers, and kitchen staff.
• Handling complaints and guest feedback effectively.
• Processing checks, payments, and tips.
• Maintaining the cleanliness of the assigned section and workstations.
• Restocking supplies as needed.
• Monitoring table turnover and ensuring efficient seating.
• Complying with all restaurant health, safety, sanitation, and food handling protocols as required by South Dakota Department of Health regulations.
• Option A: If alcohol service is part of the duties, complying with South Dakota's legal drinking age, mandatory alcohol server training (if required), and ID verification procedures.
• Option B: Alcohol service is not part of the duties.

4. Reporting Structure

• The Employee will report to [Job Title of Supervisor, e.g., Front-of-House Manager, Shift Supervisor].
• The chain of communication within the restaurant is as follows: [Describe chain of communication].

5. Work Location

• The Employee's primary work location will be at [Restaurant Address].
• Option A: The dress code is [Dress Code Details, e.g., Uniform provided by the restaurant, Black pants and white shirt].
• Option B: The dress code is as outlined in the employee handbook.
• Option C: Occasional off-site catering/events may be required. In such instances, travel/meal expense policies are as follows: [Describe travel/meal expense policies].

6. At-Will Employment

This is an at-will employment relationship, meaning that either the Employer or the Employee may terminate the employment relationship at any time, for any lawful reason, with or without cause or advance notice, subject to applicable South Dakota law.

7. Compensation

The Employee will be paid an hourly wage of [Dollar Amount] per hour. This wage takes into account South Dakota's minimum wage requirements for tipped employees. The Employer is responsible for ensuring that the Employee's total compensation (wages + tips) meets or exceeds the South Dakota minimum wage.

Pay Structure: [Straight Hourly, Hourly Plus Tips, Tip Pooling]. If tip pooling, describe the tip pooling arrangement: [Tip Pool Details].

The Employee will be paid [Frequency of Pay, e.g., Bi-weekly].

The Employee is responsible for reporting all tips received to the Employer.

Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as mandated by state and federal law.

8. Breaks

• Option A: The Employer provides a [Length] minute [Paid/Unpaid] break during each [Length] hour shift.
• Option B: Rest breaks are not provided.
• Option C: Employee meal discounts are offered as follows: [Discount Details]. Employee understands that these discounts may have tax implications. Free staff meals are [Provided/Not Provided].

9. Benefits

• Option A: The Employee is eligible for the following benefits after meeting the eligibility requirements: [List Benefits, e.g., Health insurance, Dental insurance, Vision insurance, Retirement/401(k), Paid time off]. Accrual rates, waiting periods, and usage policies are described in the employee handbook.
• Option B: The Employee is not eligible for benefits at this time.

10. Compliance with Food Safety Standards

The Employee must comply with all federal and state food safety and sanitation standards, including hand washing, illness reporting (following South Dakota's "employee illness exclusion" requirements), wearing non-slip footwear, and handling food according to local health codes.

The Employee is responsible for [Obtaining/Maintaining] a [Type of Certification, e.g., Food handler's card]. The Employer [Will/Will Not] reimburse the Employee for the cost of obtaining this certification.

11. Behavioral Standards

• The Employee is expected to adhere to the following behavioral standards:
• Timeliness and punctuality.
• Teamwork and cooperation with other staff members.
• Professional and courteous conduct towards guests and staff.
• Accurate cash handling and point-of-sale procedures.
• Appropriate appearance and hygiene.
• Compliance with all house rules, including those pertaining to break areas and mobile phone/device use.
• Abstaining from intoxication or substance use during shifts.

12. Anti-Discrimination and Harassment Policy

The Employer maintains a strict anti-discrimination, harassment, and equal employment opportunity policy, as outlined in the employee handbook, in accordance with Title VII, ADA, and the South Dakota Human Rights Act. This policy prohibits discrimination or harassment based on race, color, religion, sex, national origin, disability, age, or any other protected category. Any violations should be reported to [Contact Person/Department].

13. Termination

• Voluntary Resignation: The Employee must provide [Number] days written notice of resignation.
• Employer-Initiated Termination: The Employer may terminate the Employee's employment for any lawful reason. Immediate dismissal may occur for theft, violence, gross misconduct, refusing lawful instructions, unexcused absences, or repeated tardiness.
• Disciplinary Procedures: Disciplinary actions may include verbal warnings, written warnings, and suspensions.
• Final Wage Payment: Upon termination, the Employee will receive all outstanding wages no later than the next regular pay date, as required by South Dakota law.

14. Tip Ownership and Reporting

All tips received by the Employee are the sole property of the Employee.

The Employee is required to report all tips accurately and fully on a daily basis, as required by the IRS.

Falsification of tip reporting may result in disciplinary action, up to and including termination.

15. Uniforms

• Option A: The Employer provides and maintains the Employee's uniform.
• Option B: The Employee is responsible for purchasing and maintaining their own uniform, which must meet the following standards: [Uniform Standards].
• Option C: The Employer will provide a uniform allowance of [Dollar Amount] per [Time Period].

16. Workplace Safety and Workers' Compensation

The Employer carries workers' compensation insurance as required by South Dakota law.

The Employee must report any work-related injuries or illnesses to [Contact Person/Department] immediately.

The Employee has access to workers' compensation coverage for work-related injuries or illnesses.

17. Compliance with Codes

The Employee must comply with all applicable local fire, building, and food safety codes.

18. Changes in Position or Location

• The Employer may change the Employee's position or work location as needed.
• The Employer will provide [Number] days' notice of any significant changes to the Employee's position or work location.

19. Dispute Resolution

The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation. If negotiation fails, the parties may pursue mediation or arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, and any legal action shall be brought exclusively in the courts of [County] County, South Dakota.

20. Intellectual Property

The Employee acknowledges that any proprietary training materials or customer lists are the exclusive property of the Employer and agrees not to use or disclose such information without the Employer's prior written consent.

21. Non-Solicitation and Confidentiality

The Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment. The Employee further agrees to maintain the confidentiality of any confidential business information obtained during their employment.

22. Zero-Tolerance Policy

• The Employer has a zero-tolerance policy for workplace violence, drug use, and alcohol use during shifts.
• The Employer may conduct searches or substance testing in accordance with applicable South Dakota state regulations.

23. Acknowledgment

• The Employee acknowledges that they have received and understand the employee handbook, food safety rules, alcohol server policies (if applicable), and all terms of this Agreement.
• The employee has received, read and understands the Employee Handbook [Yes/No].

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

[Restaurant Name]

By: [Name of Authorized Representative]

Title: [Title]

Date: [Date]

[Employee Name]

Signature: ____________________________

Date: [Date]