Tennessee restaurant server employment contract template

Tennessee Restaurant Server Employment Contract

This Tennessee Restaurant Server Employment Contract (the “Agreement”) is made and effective as of [Date], by and between [Restaurant Legal Entity Name], a [State] [Entity Type] located at [Restaurant Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position:

• The Employer hereby employs the Employee as a Restaurant Server.
• Option A: The position is located at [Restaurant Address].
• Option B: The Employee may be required to work at other locations owned or operated by the Employer within [City, County], Tennessee, with reasonable notice.

2. Duties:

• The Employee's core duties shall include, but not be limited to:
• Greeting and seating guests in a timely and friendly manner.
• Presenting menus, answering questions, and making recommendations.
• Taking and accurately relaying food and beverage orders to the kitchen and bar staff.
• Upselling menu items and specials.
• Managing table assignments and ensuring efficient table turnover.
• Delivering food and beverages promptly and accurately.
• Accommodating dietary restrictions and food allergies in accordance with Tennessee Department of Health regulations.
• Ensuring accurate check presentation and processing various payment methods (cash, credit cards, etc.).
• Maintaining food safety and sanitation standards, including proper handling and storage of food.
• Setting and clearing tables, ensuring cleanliness.
• Performing side work as assigned (rolling silverware, stocking service stations, cleaning).
• Participating in opening and closing duties per shift.

3. Employment Classification & Work Schedule:

• The Employee is classified as a full-time, non-exempt server.
• Option A: The Employee’s regular work schedule is [Number] hours per week, scheduled as follows: [Days of the Week and Times].
• Option B: Employee's schedule will vary based on business needs, but Employer will endeavor to provide adequate notice.
• Employee is entitled to meal and rest breaks in accordance with Tennessee and federal law. Specifically, Employee will receive a [Number] minute unpaid meal break for shifts exceeding six (6) hours.
• Employee may be required to attend mandatory meetings as scheduled by the Employer.
• Option A: Split shifts are required as follows: [Split Shift Schedule].
• Option B: The Employee will not be required to work split shifts.
• Option A: The Employee may be required to be on-call [Frequency/Schedule].
• Option B: The Employee will not be required to be on-call.

4. Compensation:

• The Employee shall be paid a base hourly rate of [$ Amount], which is the current Tennessee server minimum wage with tip credit. The Employer will ensure that the Employee's hourly wage, combined with reported tips, equals or exceeds the Tennessee and federal minimum wage.
• Tip Pooling/Sharing:
• Option A: The Employee will participate in a tip pool/sharing arrangement with other eligible employees, as determined by the Employer. The distribution method is as follows: [Description of Tip Pool/Sharing Method].
• Option B: The Employee will retain all tips received directly from customers.
• The Employee is required to accurately declare all tips received in accordance with IRS and Department of Labor regulations.
• Overtime pay will be paid at a rate of one and one-half (1.5) times the Employee's base hourly rate for all hours worked over forty (40) in a workweek, as required by the FLSA and Tennessee law.
• The Employee will be paid bi-weekly via direct deposit. Pay stubs will be provided electronically or in paper form.

5. Employee Benefits:

• Option A: The Employee is eligible for the following benefits: [List of Benefits, e.g., Health Insurance, Dental Insurance, Vision Insurance, Paid Time Off (PTO), Meal Discounts, Uniform Allowance, 401(k)]. Specific details regarding eligibility, enrollment, and coverage are outlined in the Employee Handbook and benefit plan documents.
• Option B: The Employee is eligible for the following benefits: Meal discounts as outlined in the Employee Handbook.
• Benefits such as health, dental, vision insurance, PTO, and 401(k) are voluntary and offered at the discretion of the Employer.
• PTO, if offered, accrues and may be used according to the policies outlined in the Employee Handbook.

6. Workplace Policies & Compliance:

• The Employee is required to comply with all Employer policies, including those related to food safety, alcohol service, and health department regulations.
• Option A: The Employee is required to possess and maintain a valid [Specific Certification, e.g., Responsible Alcohol Server Permit].
• The Employee will receive training on allergen handling, health and safety procedures, and other relevant topics.
• The Employee is required to adhere to the Employer’s grooming and uniform standards, as outlined in the Employee Handbook.
• The Employee must report all workplace injuries and customer incidents to management immediately.
• The Employee must report any instances of harassment or discrimination to management immediately.

7. Employee Duties According to Tennessee Health Inspections:

• Employee must maintain cleanliness and sanitation of assigned work areas.
• Employee must properly store and dispose of food in accordance with health regulations.
• Employee must report any potential health hazards to management.
• Employee must use personal protective equipment (PPE) as required.

8. Behavioral Expectations:

• The Employee is expected to provide excellent customer service, work effectively as part of a team, maintain a professional appearance, and be punctual.
• The Employee must comply with all applicable anti-discrimination and anti-harassment laws, including those protecting against discrimination based on race, color, religion, national origin, sex, age, disability, or any other protected characteristic under Tennessee law.
• The Employee must accurately and honestly report all tips received.

9. Meal & Rest Breaks:

• The Employee is entitled to a minimum 30-minute unpaid meal break for shifts of six (6) hours or more.
• Option A: The Employee may waive their meal break if requested and approved by management.
• Option B: The Employee may not waive their meal break, unless doing so presents an emergency that requires an immediate action from the Employee.

10. Absence, Attendance, Call-In, and Tardiness:

• The Employee must notify management as soon as possible if they are unable to report to work due to illness or other emergency.
• Option A: The Employee may swap shifts with another qualified employee, subject to management approval.
• The Employee must provide [Number] days’ advance notice for any planned leave.
• “No-show” without prior notification may result in disciplinary action, up to and including termination.

11. Alcohol Service Responsibilities:

• Option A: If serving alcohol, the Employee must possess and maintain a valid ABC server permit.
• The Employee must not serve alcohol to minors or visibly intoxicated persons.
• The Employee must comply with all applicable local and state alcohol beverage control laws and regulations.

12. Employer Property:

• All Employer property, including POS logins, uniforms, and keys, remains the property of the Employer.
• The Employee is responsible for the safekeeping of Employer property in their possession and must return all property upon termination of employment.
• The Employee may be held liable for loss or damage to Employer property caused by their negligence or willful misconduct.

13. Confidential Information:

• The Employee acknowledges that they may have access to confidential information, including business data, customer lists, and proprietary recipes (if applicable).
• The Employee agrees not to disclose any confidential information to any third party during or after their employment.
• This clause is not intended to restrict the Employee's ability to discuss the terms and conditions of their employment or to engage in protected concerted activity under the National Labor Relations Act.
• Employee is aware that post-employment non-compete or non-solicitation restrictions must comply with Tennessee law and will be narrowly interpreted.

14. 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, unless otherwise required by law.
• The Employee must provide [Number] weeks' notice of resignation, if possible.
• Upon termination of employment, the Employee will receive their final paycheck, including all wages and tips earned, in accordance with Tennessee law. All Employer property must be returned upon termination.

15. Employee Discipline and Termination:

• The Employer may discipline or terminate the Employee for any lawful reason, including but not limited to theft, harassment, insubordination, poor performance, or food safety violations.
• Option A: The Employer will follow a progressive discipline policy, including verbal warnings, written warnings, and suspension, prior to termination, unless the offense warrants immediate termination.
• Option B: The Employer reserves the right to terminate the Employee’s employment at any time, without prior warning, for any lawful reason.

16. Tennessee Legal Compliance:

• The Employer will not retaliate against the Employee for engaging in lawful off-duty conduct protected by Tennessee law.
• The Employer is an equal opportunity employer and will not discriminate against the Employee based on race, color, religion, national origin, sex, age, disability, or any other protected characteristic under Tennessee law.
• The Employer will comply with all applicable whistleblower protection laws, protecting the Employee from retaliation for reporting health and safety violations.

17. Workplace Safety:

• The Employer maintains a safe workplace in compliance with the Tennessee Occupational Safety and Health Act (TOSHA).
• The Employee must report any unsafe conditions or workplace injuries to management immediately. The Employee is entitled to workers' compensation benefits for work-related injuries, as provided by Tennessee law.

18. Dispute Resolution:

• Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal complaint handling procedures. If the dispute cannot be resolved internally, the parties agree to participate in mediation.
• Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Option C: In the event of litigation, venue shall be in the courts of [County] County, Tennessee.

19. Acknowledgement of Policies and Training:

• The Employee acknowledges receipt of the Employer’s mandatory restaurant policies, handbooks, and training materials, including those related to food safety, harassment, and alcohol service.
• The Employee is responsible for staying current on all required legal certifications.

20. Governing Law and Venue:

• This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.
• Any legal action arising out of or relating to this Agreement shall be brought in the courts of [County] County, Tennessee.

21. Amendment:

• This Agreement may be amended only by a written instrument signed by both parties.
• The Employer reserves the right to update its policies and procedures as necessary, and the Employee will be notified of any changes.

22. Severability:

• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. 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.

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

[Restaurant Legal Entity Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Name]

Signature: ____________________________

Date: [Date]