Utah restaurant server employment contract template

Utah Restaurant Server Employment Agreement

This Full-Time Restaurant Server Employment Agreement (the "Agreement") is made and entered into as of this [Date of Execution] by and between:

[Restaurant Name], a Utah business registered at [Utah Business Registration Number], with its principal place of business at [Restaurant Address] ("Employer"),

and

[Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Employment Role:

• Option A: Full-Time Restaurant Server
• Option B: Restaurant Server - [Specify Specialization, e.g., Banquet Server, Lead Server]

2. Job Duties:

• Greeting and seating guests.
• Presenting menus and providing detailed information about menu items, including ingredients and potential allergens.
• Taking and accurately entering food and drink orders, noting special requests and modifications.
• Serving meals and beverages promptly and efficiently.
• Monitoring tables and providing attentive service, addressing guest needs and requests.
• Following up to ensure guest satisfaction.
• Clearing and resetting tables promptly after guests depart.
• Processing payments, including handling cash, credit card transactions, and adhering to Utah alcohol sales regulations.
• Assisting with opening and closing duties as assigned.
• Maintaining cleanliness and sanitation standards in accordance with health codes.
• Reporting spills or hazards to management immediately.
• Option A: Performing assigned side work duties.
• Option B: Other duties as assigned by management.

3. Reporting:

• Option A: Reports directly to the [Direct Supervisor Title, e.g., Head Server, Shift Manager].
• Option B: Reports directly to the [Restaurant Manager Name] or designated supervisor in their absence.
• Required participation in team meetings and pre-shift briefings.

4. Work Location and Schedule:

• Primary work location: [Restaurant Address].
• Expected shift patterns: [Lunch/Dinner/Weekend/Holiday Availability Requirements].
• Typical shift start time: [Start Time]; typical shift end time: [End Time].
• Scheduling notice period: [Number] days.
• Policy on shift changes and coverage: [Describe Policy].

5. Full-Time Status and Hours:

• Full-time status is defined as working [Number] hours per week.
• Minimum daily working hours: [Number]; maximum daily working hours: [Number].
• Minimum weekly working hours: [Number]; maximum weekly working hours: [Number].
• Rest break: At least 20 minutes for every 6 hours worked.
• Option A: Meal period: Unpaid, [Number] minutes, employee relieved of all duties.
• Option B: Meal period: Paid.
• Split shifts: [Describe Split Shift Schedule and Compensation, if Applicable].

6. Compensation:

• Hourly wage: [$X.XX] per hour.
• Tip policy: [Describe Tip Pooling, Tip Sharing, or Direct Gratuity Allocation].
• Tip credit: Employer utilizes a tip credit. Employee acknowledges that the cash wage paid in combination with tips received is at least the federal minimum wage.
• Pay frequency: [Weekly/Bi-Weekly/Semi-Monthly].
• Pay date schedule: [Specify Pay Date Schedule].
• Required payroll deductions: Federal and state income tax withholding, Social Security, and Medicare.
• Overtime pay: Paid at one and one-half times the regular hourly rate for hours worked over 40 in a workweek.
• Policy regarding unauthorized overtime: [Describe Policy].

7. Benefits:

• Option A: Health insurance: Eligible after [Number] days of employment, details outlined in the employee handbook.
• Option B: No health insurance provided.
• Option A: Dental insurance: Eligible after [Number] days of employment, details outlined in the employee handbook.
• Option B: No dental insurance provided.
• Option A: Vision insurance: Eligible after [Number] days of employment, details outlined in the employee handbook.
• Option B: No vision insurance provided.
• Option A: Company-provided meals: [Describe Meal Policy].
• Option B: No company-provided meals.
• Option A: Uniform or uniform maintenance allowance: [Describe Allowance].
• Option B: No uniform or uniform maintenance allowance.
• Option A: Parking or transportation benefits: [Describe Benefits].
• Option B: No parking or transportation benefits.
• Paid time off: [Describe Sick Leave, Vacation, and Holiday Policy].
• Utah mandatory benefits: Unemployment insurance, Social Security, and workers' compensation.

8. Workplace Safety and Training:

• Procedures for reporting and responding to workplace injuries: [Describe Procedures].
• Compliance with Utah Occupational Safety and Health Act (UOSH).
• Mandatory food handler permit: Required within [Number] days of employment and must be maintained throughout employment.
• Ongoing food safety and sanitation training will be provided.

9. Alcohol Service Compliance:

• Employee must obtain and maintain a Utah-specific alcohol server training permit.
• Employee acknowledges and will comply with Utah's "liquor by the drink" and "Zion curtain" laws.
• Strict adherence to ID verification procedures.
• Employee understands penalties for alcohol service violations.

10. Dress Code and Personal Hygiene:

• Dress code requirements: [Describe Dress Code, including Hair Restraints, Nail Length, Jewelry Restrictions, etc.].
• Consequences for noncompliance: [Describe Consequences].

11. Equal Opportunity and Harassment Prevention:

• Compliance with the Americans with Disabilities Act (ADA) and Utah anti-discrimination statutes.
• Employer's equal opportunity, harassment prevention, and diversity policies apply.
• Option A: Mandatory harassment prevention training required.
• Option B: No mandatory harassment prevention training required.

12. Timekeeping:

• Required use of timekeeping system for accurate clock-in/out, meal and break tracking, and tip declaration.
• Employee understands record retention requirements.

13. At-Will Employment and Termination:

• Employment is at-will, as permitted by Utah law.
• Termination procedures: [Describe Voluntary and Involuntary Termination Procedures].
• Option A: Required notice period: [Number] days.
• Option B: No required notice period.
• Final paycheck timing: [Describe Final Paycheck Timing].
• Tip payout upon termination: [Describe Tip Payout Policy].
• Required return of uniforms or restaurant property.

14. Disciplinary Procedures:

• Standards of employee conduct, dress, attendance, customer service, and honesty.
• Policy on workplace violence and workplace drug/alcohol use.
• Disciplinary process: [Verbal Warning, Written Warning, Suspension, Termination].

15. Confidentiality:

• Protection of customer data, credit card information, and proprietary recipes/menu information.
• Policy on use and non-disclosure of confidential information.

16. Conflict of Interest and Outside Employment:

• Prohibition of soliciting guests for other businesses.
• Discouragement of job performance issues arising from secondary employment.
• Prohibition of outside catering using employer's resources.
• Policy on gifts/tips from suppliers.

17. Post-Employment Obligations:

• Option A: Non-compete agreement: [Describe Non-Compete Agreement, Ensuring it is Reasonable in Duration and Geographic Scope, and Complies with Utah Law].
• Option B: No non-compete agreement.
• Obligation to maintain confidentiality and return employer property.

18. Grievance Process:

• Option A: Disciplinary investigation, appeal, or grievance process available. [Describe the Grievance Process]
• Option B: No formal grievance process provided.

19. Dispute Resolution:

• Utah-specific wage claim dispute resolution (reference Utah Antidiscrimination and Labor Division procedures).
• Governing law and jurisdiction: Utah law shall govern this agreement, and any legal disputes shall be resolved in Utah courts.

20. Mandatory Training:

• Participation in all legally required training (food handler, alcohol service, harassment, safety).
• Frequency of renewals: As required by Utah regulation.

21. Employee Handbook Acknowledgment:

• Employee acknowledges receipt of the employee handbook and all restaurant policies referenced in this agreement.

22. Updates to Agreement:

• All provisions of this agreement may be updated in compliance with changes to Utah state law, federal law, or best practices, with written notice to the employee.

Employee Signature: ____________________________ Date: __________________

Employer Signature: ____________________________ Date: __________________

Employer Representative Title: ______________________