Texas restaurant server employment contract template

Texas Restaurant Server Employment Contract

This Texas Restaurant Server Employment Contract (the "Agreement") is made and effective as of [Date], by and between [Restaurant Legal Name], a [State] [Entity Type] with its principal place of business at [Restaurant Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Employment.

• Option A: Employer hires Employee as a full-time Restaurant Server.
• Option B: Employer hires Employee as a part-time Restaurant Server. (Note: Adjust subsequent "full-time" references accordingly)
  • Details: The Employee accepts such employment and agrees to perform the duties outlined below.

2. Job Title and Duties.

• The Employee’s job title is Restaurant Server.
• Duties include, but are not limited to:
  • Welcoming guests and seating them appropriately.
  • Taking and serving food and beverage orders accurately and efficiently.
  • Explaining menu items and daily specials clearly and accurately.
  • Upselling products to enhance the guest experience.
  • Delivering accurate orders promptly and courteously.
  • Processing payments (credit, cash, gift cards) accurately and securely.
  • Preparing basic non-alcoholic drinks as needed.
  • Monitoring guest satisfaction and addressing any concerns promptly.
  • Clearing tables efficiently and resetting them for new guests.
  • Assisting with table setup/breakdown as needed.
  • Handling customer complaints or special requests professionally and effectively.
  • Adhering to all health and food safety standards stipulated by the Texas Department of State Health Services (DSHS).
  • Complying with any assigned side work (rolling silverware, cleaning, prepping service stations, etc.).

3. TABC Compliance.

• Option A: Employee is required to serve alcohol.
  • Details: Employee must possess and maintain a valid Texas Alcoholic Beverage Commission (TABC) server permit. Employee is responsible for knowing and adhering to all TABC laws, including prohibiting sales to minors or intoxicated guests. Employee must complete TABC certification and any required renewals.
• Option B: Employee is not required to serve alcohol.

4. Reporting Structure and Team Collaboration.

• The Employee will report directly to [Shift Supervisor/Manager/Head Server].
• The Employee is expected to collaborate effectively with kitchen, bar, and other service staff to ensure smooth and efficient service.

5. Work Location.

• Option A: The Employee’s primary work location is [Restaurant Address].
• Option B: The Employee may be required to work at various Employer locations: [List of Restaurant Locations].

6. Work Schedule.

• The Employee is classified as a full-time employee, generally working [Number] hours per week.
• Standard weekly schedule will be determined by the Employer and may be subject to change based on business needs.
• Option A: Shifts are assigned by management.
• Option B: Shifts are assigned via a bidding or scheduling system.
  • Details: [Describe Shift Bidding or Scheduling System]
• Employee will be required to clock in and out using the Employer’s designated timekeeping system.

7. Meal and Rest Breaks.

• While Texas law does not mandate meal or rest breaks, the Employer's policy is:
  • Option A: Employee is entitled to a [Number]-minute unpaid meal break for every [Number] hours worked.
  • Option B: Employee is entitled to a [Number]-minute paid break for every [Number] hours worked.
  • Option C: No specific meal or rest breaks are provided, but Employee may take reasonable breaks as workload permits, subject to management approval.

8. Wage and Tips.

• The Employee’s base hourly wage is [Dollar Amount].
• Employer operates under the tip credit provision of the Fair Labor Standards Act (FLSA).
• Option A: Employee participates in a tip pooling arrangement.
  • Details: All tips are pooled and distributed among eligible employees according to the following formula: [Tip Pool Distribution Formula]. Tip payouts will occur [Frequency of Payouts].
• Option B: Employee participates in a tip sharing arrangement.
  • Details: Employee is required to share tips with specified positions/staff such as bussers, bartenders, food runners. The agreed sharing rate is [Tip Sharing Rate].
• Employee is responsible for accurately reporting all tips to the Employer.
• Employee will be paid bi-weekly via [Method of Payment: e.g., direct deposit, pay card].

9. Overtime.

• The Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek.
• Overtime will be calculated based on the base hourly wage and excluding tips.
• All overtime work must be pre-approved by management.

10. Benefits.

• Option A: Employee is eligible for benefits.
  • Details:
    • Health/Dental/Vision Insurance: Eligibility and enrollment details provided separately.
    • Paid Time Off (PTO): Accrual rate and usage guidelines are outlined in the Employee Handbook.
    • Unpaid Leave: The Employer complies with all applicable federal and state leave laws. Unpaid leave may be available for jury duty, bereavement, or family emergencies, subject to Employer policy.
    • Retirement Plan: [Describe any retirement plan options, if any].
    • Free or Discounted Meals: Employee is entitled to [Describe meal benefits].
    • Uniforms: The Employer [Choose: provides/requires Employee to purchase] uniforms.
      • Details on uniform maintenance and replacement are outlined in the Employee Handbook.
• Option B: Employee is not eligible for benefits at this time.

11. Attendance and Punctuality.

• Employee is expected to be punctual and maintain consistent attendance.
• In case of illness or emergency, Employee must notify [Contact Person] at least [Number] hours prior to their scheduled shift.
• Requests for schedule changes or shift swaps must be submitted to management at least [Number] days in advance.
• Excessive absenteeism or tardiness may result in disciplinary action, up to and including termination.

12. Training and Performance Reviews.

• The Employee will receive on-the-job training regarding menu knowledge, point-of-sale systems, safety procedures, and customer service standards.
• Periodic performance reviews will be conducted to assess the Employee’s performance and provide feedback.

13. Health and Safety.

• Employee must adhere to all workplace health and safety protocols as required by OSHA and the Texas DSHS Food Establishment Rules, including handwashing, glove use, reporting illnesses, and incident reporting.

14. Cash Management.

• The Employee is responsible for accurately handling cash payments, balancing their cash drawer at the end of their shift, and reporting any discrepancies to management.
• Employee must handle customer credit/debit cards securely and in accordance with PCI-DSS requirements.

15. Non-Tipped Activities.

• Option A: The Employee is required to participate in non-tipped activities.
  • Details: Employee may be required to perform opening/closing duties, cleaning tasks, or other non-tipped activities.
  • Hours spent on these activities will be tracked separately and compensated according to federal and state laws regarding tip credit.
• Option B: The Employee is not required to participate in non-tipped activities.

16. Disciplinary Action and Termination.

• The Employer may take disciplinary action, including written warnings, suspension, or termination, for violations of company policy or poor performance.
• Grounds for immediate termination include, but are not limited to, theft, intoxication, serious misconduct, or breaches of health code or safety regulations.
• The Employer follows an at-will employment policy.
• Option A: Employer utilizes progressive discipline.
• Option B: Employer does not utilize progressive discipline.

17. Resignation.

• Employee is requested to provide at least [Number] weeks' written notice of resignation.
• Upon resignation, Employee must return all restaurant property, including POS cards and uniforms.

18. Pay Disputes.

• Any pay disputes should be reported to management immediately.
• Employee has the right to file a claim with the Texas Workforce Commission if necessary.

19. Harassment and Discrimination.

• The Employer is committed to providing a workplace free of harassment and discrimination.
• The Employer is an Equal Opportunity Employer and does not discriminate based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic under federal or Texas law.
• Any incidents of harassment or discrimination should be reported to [Contact Person] immediately.

20. Confidentiality.

• Employee agrees to maintain the confidentiality of Employer's proprietary information, including customer data, recipes, and business practices.

21. At-Will Employment.

• This is an at-will employment relationship, 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 law. Nothing in this Agreement is intended to alter the at-will nature of this employment relationship, unless specifically stated in a separate written agreement.

22. Electronic Communication.

• The Employer may communicate with Employee via text message, email, or other electronic means for scheduling purposes or important updates.

23. Governing Law and Venue.

• This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
• Venue for any legal action arising out of or relating to this Agreement shall be in [County Name] County, Texas.

24. Business Licenses and Permits.

• Employer maintains all required Texas and local business licenses and permits.

25. Optional Elements/Policies.

• [List any optional elements or policies, such as employee grievance process, staff meal discounts for family/friends, side work bonus systems, tuition reimbursement (if any), tip reporting education, use of staff lockers, access to employee assistance programs, or other perks.]

26. Acknowledgements.

• The Employee acknowledges receipt of and has read the Employer's:
  • [List of workplace policies, e.g., employee handbook, harassment prevention policy]
  • Notice regarding tip credit under the Fair Labor Standards Act.

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

[Restaurant Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

Date: [Date]

[Employee Full Legal Name]

Signature: ____________________________

Date: [Date]