Washington restaurant server employment contract template

Washington Full-Time Restaurant Server Employment Agreement

This Washington Full-Time Restaurant Server Employment Agreement (the “Agreement”) is made and effective as of [Date], by and between:

• Employer: [Employer’s Legal Name], a company organized and existing under the laws of Washington, with its principal place of business at [Employer’s Address] and contact information: [Employer’s Phone Number], [Employer’s Email Address];
• and
• Employee: [Employee’s Full Legal Name], residing at [Employee’s Address] and contact information: [Employee’s Phone Number], [Employee’s Email Address].

1. Position

The Employer hereby employs the Employee as a Restaurant Server.

• Option A: The Employee's responsibilities include, but are not limited to: greeting guests, presenting menus, explaining specials, accurately taking and entering orders, serving food and beverages, checking identification for alcohol service in accordance with Washington’s liquor laws, handling payments and processing transactions, clearing tables, managing table settings, refilling drinks, responding to guest feedback, adhering to food safety and hygiene regulations, upselling, teamwork, workplace communication, handling minor guest complaints, possessing knowledge of allergen and dietary information, and complying with restaurant operational policies.
• Option B: (Specific Duties – Detailed List): [Detailed list of specific duties].

2. Work Location

The Employee will primarily work at [Restaurant Name and Address].

• Option A: The Employee may be assigned to other locations operated by the Employer within [City, County] as needed.
• Option B: The Employee will work exclusively at [Restaurant Name and Address].

3. Physical Requirements

The Employee acknowledges that the position requires standing for extended periods, lifting and carrying trays (up to [Weight] lbs), and other physical demands typical for restaurant servers.

4. Uniform and Appearance

The Employee is required to wear the uniform provided by the Employer and maintain a professional appearance and grooming standards in accordance with restaurant policy.

• Option A: Detailed uniform requirements are outlined in the Employee Handbook.
• Option B: Uniform consists of [Description of Uniform].

5. Employment Status and Hours

The Employee is hired as a full-time employee.

• Option A: The standard work week is [Number] hours per week.
• Option B: Work hours are subject to scheduling by the employer, with a minimum of 32 hours per week.

The Employee's schedule will be determined by the Employer and may include days, evenings, weekends, and holidays.

• Option A: The Employer will provide the Employee with a schedule [Number] days in advance in compliance with Washington's Fair Workweek (if applicable).
• Option B: Schedule is subject to change based on business needs.

The Employee is responsible for finding coverage for shifts they cannot work, subject to Employer approval.

6. Overtime

The Employee will be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek, as required by Washington law. Overtime must be pre-approved by [Manager Title].

7. Meal and Rest Breaks

The Employee is entitled to a 30-minute unpaid meal break for shifts over five hours and a paid 10-minute rest break for every four-hour work period, in accordance with Revised Code of Washington (RCW).

8. Compensation

The Employee will be paid an hourly wage of [$ Amount].

• Option A: Tips will be handled according to the Employer's tip pooling policy outlined in the Employee Handbook.
• Option B: Tips are the sole property of the employee, and the restaurant does not have a tip pool.

The Employee acknowledges that they will receive at least the Washington minimum wage plus tips and that the employer does not utilize a tip credit. The Employer will maintain accurate records of tips received and distributed. Pay frequency is [Weekly/Bi-Weekly] via [Check/Direct Deposit]. Required payroll deductions will be made as required by law.

9. Benefits

• Option A: The Employee is eligible for health insurance, dental/vision, paid sick leave (at least one hour for every 40 hours worked as required by Washington Paid Sick Leave Law), vacation, holiday pay, and other benefits as outlined in the Employee Handbook.
• Option B: The Employee is eligible for paid sick leave (at least one hour for every 40 hours worked as required by Washington Paid Sick Leave Law). All other benefits are described in the Employee Handbook.

10. Training and Certifications

The Employee is required to complete onboarding and mandatory trainings, including obtaining a Washington MAST permit for alcohol service and a Washington food handler’s card, within [Number] days of hire. The Employer will cover the costs of these certifications.

11. Alcohol Service

The Employee must comply with all Washington Liquor and Cannabis Board (LCB) regulations, including checking identification for legal drinking age and reporting violations. The Employee must refuse service to intoxicated guests.

12. Food Safety and Sanitation

The Employee must adhere to all food safety and sanitation guidelines, including maintaining personal hygiene and following Washington State Department of Health codes for food service workers.

13. Performance and Conduct

The Employee is expected to maintain a professional tableside manner, be punctual, comply with uniform requirements, adhere to cash handling procedures, treat coworkers with respect, and maintain guest confidentiality.

14. Anti-Discrimination and Harassment

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, veteran status, or any other characteristic protected by Washington law, including the Washington Law Against Discrimination and applicable Seattle/Tacoma ordinances. The Employee should report any incidents of discrimination or harassment to [Manager Title/HR Contact].

15. 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, subject to applicable Washington law.

16. Termination

Upon termination of employment, the Employee's final wages will be paid within [One business day if terminated/Next regular payroll if resigned] as required by Washington law. The Employee is required to return all Employer property, including uniforms and POS access devices, upon termination.

17. Dispute Resolution

Any disputes arising out of or related to this Agreement will first be addressed through an internal grievance procedure outlined in the Employee Handbook.

• Option A: If the dispute cannot be resolved internally, the parties agree to attempt mediation before resorting to litigation.
• Option B: Any legal action arising from this agreement will be resolved under Washington state law, and the venue will be [County Name] County, Washington.

18. Health and Safety

The Employee will comply with all health and safety requirements and occupational injury/illness procedures and is covered by Washington State workers’ compensation. The Employer complies with WISHA (Washington Industrial Safety and Health Act).

19. Timekeeping and Attendance

The Employee is responsible for accurately recording their time worked. Late arrivals and absences must be reported to [Manager Title] immediately. Shift trades and coverage are subject to Employer approval. The Employee must follow call-in procedures as outlined in the Employee Handbook.

20. Communication

The Employee should use [Designated Communication Channel] for reporting urgent incidents, workplace safety issues, and compliance concerns.

21. Unauthorized Meals/Discounts

The Employee is prohibited from providing unauthorized meals or discounts to themselves, friends, or family, unless expressly permitted by Employer policy.

22. Personal Devices and Social Media

The use of personal mobile phones/devices in service areas is [Permitted/Prohibited] as outlined in the Employee Handbook. The Employee must maintain confidentiality of business and customer information and adhere to Employer policies regarding social media conduct while representing the Employer.

23. Other Benefits

• Option A: The Employer provides [Parking/Transportation Stipend/Meal Discounts] as described in the Employee Handbook.
• Option B: No other benefits are provided beyond those described above.

24. Non-Solicitation

• Option A: The employee will not solicit any customers or employees of the employer for any other business venture for a period of [Time period] after termination of employment.
• Option B: The Employee acknowledges that non-compete clauses are generally void in food service under Washington law.

25. Acknowledgement

The Employee acknowledges that they have read and understand this Agreement and that their rights under Washington and federal law are not diminished by this agreement. The terms of this Agreement are subject to change based on the restaurant’s type, location, and operational needs.

____________________________
[Employer Representative Name and Title]

____________________________
[Employee’s Signature]

____________________________
[Date]