Virginia restaurant server employment contract template

Virginia Restaurant Server Employment Agreement

This Virginia Full-Time Restaurant Server Employment Agreement ("Agreement") is made and entered into as of [Date] by and between [Restaurant Name], with a principal place of business at [Restaurant Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Position and Duties

• The Employee is hired as a Full-Time Restaurant Server.
• The Employee's duties include, but are not limited to:
• Greeting guests.
• Taking food and beverage orders accurately.
• Serving food and beverages promptly and courteously.
• Refilling drinks.
• Handling billing and payments using the POS system.
• Communicating specials and menu changes.
• Maintaining table cleanliness and resetting tables.
• Upselling menu items.
• Following all food safety and hygiene practices per Virginia Department of Health regulations.
• Participating in opening and closing duties.
• Supporting team members as needed.

2. Reporting Relationship and Work Location

• The Employee will report to:
• Option A: The Shift Lead.
• Option B: The Manager on Duty.
• Option C: The Supervisor.
• The Employee’s primary work location is: [Restaurant Address].
• Option A: The Employer reserves the right to transfer the Employee to other locations within [City/Region], as needed.
• Option B: The Employee’s work location is fixed and will not be changed without the Employee's written consent.

3. Employment Status and Work Hours

• The Employee's employment status is Full-Time, as defined by Virginia law (generally 30 or more hours per week).
• Scheduled work hours are: [Number] hours per week, typically scheduled as follows:
• Option A: [Days of the Week], from [Start Time] to [End Time].
• Option B: A variable schedule, as posted weekly.
• The schedule includes evenings, weekends, and holidays.
• Break times:
• Option A: One (1) unpaid [Length]-minute meal break per shift exceeding [Number] hours.
• Option B: Paid [Length]-minute rest periods as required by law.
• Overtime will be compensated 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, in accordance with the Fair Labor Standards Act (FLSA) and Virginia law.

4. Compensation

• Base Hourly Wage: [Dollar Amount] per hour.
• Tip Credit:
• Option A: The Employer intends to utilize the tip credit as permitted by Virginia law.
• Option B: The Employer does not intend to utilize the tip credit.
• Tip Pooling/Sharing:
• Option A: The Employee will participate in a tip pool, with tips distributed according to the following policy: [Tip Pool Policy Details]. This policy complies with Virginia’s tip laws.
• Option B: The Employee will not participate in a tip pool. All tips received directly by the Employee belong to the Employee.
• Method of Payment:
• Option A: Direct deposit.
• Option B: Paper check.
• Frequency of Payment: [Weekly/Bi-weekly/Monthly].
• Overtime Pay: Paid at 1.5 times the regular hourly rate for all hours worked over 40 in a workweek.
• Credit Card Tips: Tips paid by credit card will be distributed to the Employee, less any applicable credit card processing fees. No unlawful deductions from tips will be made.

5. Remuneration Components

• Base Pay: [Dollar Amount] per hour.
• Tips: All tips received directly by the employee, or allocated according to the tip pool policy, are considered part of the employee's remuneration.
• Meal Allowance:
• Option A: The Employee will receive one complimentary meal per shift.
• Option B: The Employee is eligible for a [Percentage]% discount on menu items.
• Option C: No meal allowance is provided.
• Uniform Allowance:
• Option A: The Employer will provide and launder all required uniforms.
• Option B: The Employer will provide uniforms; the Employee is responsible for laundering.
• Option C: The Employee is responsible for providing and maintaining their own uniforms, subject to Employer's dress code.
• Performance Bonuses/Sales Incentives:
• Option A: The Employee is eligible for performance bonuses as determined by management. Details of the bonus structure are outlined in [Document Name/Location].
• Option B: No performance bonuses or sales incentives are offered.

6. Benefits

• Group Health Insurance:
• Option A: The Employee is eligible for group health insurance coverage, subject to meeting eligibility requirements under the Affordable Care Act (ACA).
• Option B: The Employer does not offer group health insurance.
• Dental/Vision Insurance:
• Option A: The Employer offers optional dental and vision insurance plans, with details available upon request.
• Option B: The Employer does not offer dental or vision insurance.
• Retirement Plan:
• Option A: The Employee is eligible to participate in the company's [Type] retirement plan after [Number] months of employment.
• Option B: The Employer does not offer a retirement plan.
• Paid Leave:
• Option A: Vacation Leave: The Employee will accrue vacation leave at a rate of [Number] hours per pay period.
• Option B: Sick Leave: The Employee will accrue sick leave in accordance with Virginia law and local ordinances (if applicable). The accrual rate is [Number] hours per [Pay Period/Month].
• Option C: Vacation and Sick Leave: The employee is provided [Number] days of combined paid time off (PTO), to be used for vacation, sick leave, or personal leave.
• Holiday Pay:
• Option A: The Employee is eligible for holiday pay for the following Virginia statutory holidays: [List of Holidays].
• Option B: The Employer does not offer holiday pay.

7. Uniforms and Dress Code

• The Employee is required to wear the following uniform: [Detailed Description of Uniform].
• The Employer is responsible for providing and maintaining the uniform.
• The Employee is responsible for maintaining a neat and professional appearance, in accordance with the Employer’s dress code. No uniform costs will be deducted from wages if such deduction would reduce pay below minimum wage.

8. Meal Breaks and Rest Periods

• The Employee is entitled to meal breaks and rest periods as required by Virginia and federal law.
• The Employer will post work schedules and break times in advance.
• The Employee is responsible for tracking their break times and ensuring compliance with break policies.

9. Workplace Behavioral Expectations

• Adherence to all health and sanitation protocols, including food allergen awareness and reporting of symptoms per Virginia regulations.
• Respectful interaction with all guests and coworkers.
• Prohibition of harassment or discrimination of any kind, in compliance with the Virginia Values Act and local human rights ordinances.
• Strict adherence to cash handling rules and prohibition of theft or fraud.
• Zero tolerance for on-duty intoxication. Lawful workplace drug/alcohol testing procedures may be implemented.
• Compliance with COVID-19 or other infectious disease protocols as may be required by local ordinance or restaurant policy.

10. Training and Certifications

• The Employee is required to complete initial and ongoing food handler safety training per Virginia Health Department guidelines.
• If serving alcohol, the Employee must obtain and maintain alcohol service certification (Responsible Sellers/Servers Training) as required by Virginia ABC laws.
• The Employee is required to attend all mandatory staff meetings and pre-shift briefings.

11. Confidentiality

• The Employee agrees to maintain the confidentiality of guest personal information, payment data, and proprietary restaurant recipes or operating procedures.

12. Intellectual Property

• All menus, presentation concepts, customer lists, and other intellectual property remain the sole property of the Employer.

13. Outside Employment/Conflicts of Interest

• The Employee agrees not to engage in outside employment or activities that create a conflict of interest with their employment at the Restaurant or that negatively impact job performance.

14. Discipline and Termination

• Grounds for immediate dismissal include theft, intoxication, violation of safety rules, or gross misconduct.
• For minor infractions, the Employer will follow a progressive discipline process, which may include verbal warnings, written warnings, and suspension.
• Voluntary Resignation: The Employee is required to provide [Number] weeks' written notice of resignation.
• Final Paycheck: Upon termination, the Employee will receive their final paycheck in accordance with Virginia law.
• Return of Property: Upon termination, the Employee must return all restaurant uniforms, POS cards, keys, or other property belonging to the Employer.
• The Employer reserves the right to terminate the Employee’s employment at any time, with or without cause, subject to Virginia’s at-will employment doctrine.

15. Non-Solicitation

• During and after employment, the Employee agrees not to solicit customers or employees of the Employer, in accordance with VA Code § 40.1-28.7:8.

16. Compliance with Virginia Law

• The Employer agrees to comply with all applicable Virginia labor laws, including minimum wage laws (including any future state increases, tip credit limits, youth wage exceptions), and to refrain from making unlawful deductions from the Employee's pay.

17. Dispute Resolution

• Any disputes arising from this Agreement shall be resolved through:
• Option A: Escalation to the Manager/HR Department.
• Option B: Mediation.
• Option C: Arbitration.
• This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Venue for any legal action shall be in [County/City], Virginia.

18. Required Workplace Postings and Notifications

• The Employer will maintain all required workplace postings and notifications as required by Virginia law, including but not limited to minimum wage, anti-discrimination, EEO, workers’ compensation, and unemployment insurance notices. The employee acknowledges receipt of information regarding employee rights.

19. Workers' Compensation

• The Employee is covered by workers' compensation insurance for job-related injuries or illnesses.
• The Employee must report any injury or illness immediately to their supervisor, in accordance with Virginia Workers' Compensation Commission regulations.

20. Occupational Safety

• The Employer will maintain a safe workplace, complying with occupational safety standards, including proper lifting techniques, avoidance of hazardous cleaning chemicals, and use of personal protective equipment where needed.
• The Employee is responsible for reporting any unsafe conditions to their supervisor.

21. Anti-Harassment and Equal Opportunity

• The Employer is committed to providing a workplace free from harassment and discrimination, in compliance with all applicable Virginia and federal laws. This includes, but is not limited to, discrimination based on race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, and veteran status.

22. Optional Policies

• Employee Discounts: [Policy Details]
• Staff Meals: [Policy Details]
• Tip-Reporting System: [Policy Details]
• Employee Parking/Transportation: [Policy Details]
• Staff Recognition/Incentive Programs: [Policy Details]

23. Contract Modification

• This Agreement may be modified or amended only by a written instrument signed by both parties.
• No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

24. Acknowledgement

• The Employee acknowledges that they have received and understood all required notices and disclosures, including wage statements and employee rights brochures.

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Name]

Signature:

Date: [Date]