Wisconsin restaurant server employment contract template

Wisconsin Restaurant Server Employment Contract

This Restaurant Server Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State] [Entity Type] with a principal place of business at [Employer Address], hereinafter referred to as "Employer," and [Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "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.

2. Job Title and Duties

• The Employee is hired as a Restaurant Server.
• The Employee's primary duties include:
• Greeting guests.
• Taking food and beverage orders.
• Providing menu and allergen guidance.
• Relaying special instructions to the kitchen.
• Serving food and drinks.
• Processing payments using the Employer’s POS system.
• Monitoring guest satisfaction.
• Handling customer complaints per house protocol.
• Resetting tables.
• Maintaining cleanliness and sanitation of assigned sections.
• Sidework.
• Restocking service stations.
• Knowing daily specials, ingredients, and company policies.
• Additional duties as assigned by management.

3. Work Location

• The Employee's primary work location is [Restaurant Name] located at [Restaurant Address], in [City], Wisconsin.
• The Employee is expected to be present on-site for all scheduled shifts.

4. Full-Time Employment

• Option A: This is a full-time position. The Employee is expected to work approximately [Number] hours per week.
• Standard shift length: [Shift Length] hours.
• Anticipated schedule: [Scheduling Pattern, e.g., Lunch/Dinner, Nights/Weekends/Holidays].
• Option B: This is a part-time position. The Employee is expected to work approximately [Number] hours per week.
• Standard shift length: [Shift Length] hours.
• Anticipated schedule: [Scheduling Pattern, e.g., Lunch/Dinner, Nights/Weekends/Holidays].
• Scheduling:
• Work schedules will be posted [Number] days in advance.
• Shift swapping and coverage require manager approval.
• The Employer will comply with any applicable industry scheduling notice requirements.

5. Compensation

• Base Hourly Wage: [Dollar Amount] per hour, which meets or exceeds the Wisconsin tipped minimum wage.
• Tip Handling:
• Option A: Tips are pooled among servers and other eligible staff.
• Tip pool participants: [List of positions included in the tip pool].
• Tip pool distribution method: [Explanation of how tips are distributed].
• Option B: Tips are not pooled; employees retain individual tips.
• The Employer will not retain any portion of Employee's tips, except as permitted by law for valid tip pools.
• Service Charges: The Employer retains all service charges.
• Overtime: Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular rate of pay for all hours worked over forty (40) in a workweek, as required by Wisconsin law.
• Payment Frequency: Wages will be paid [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit, check].
• Tip Reporting: The Employee is responsible for accurately reporting all tips received for tax purposes.
• Wage Statements: Wage statements will be provided to the Employee [Method of Delivery, e.g., electronically, paper copy].

6. Meal and Rest Breaks

• Option A: Employees are provided with a [Length] minute unpaid meal break for shifts exceeding [Number] hours.
• Option B: Employees are provided with a [Length] minute paid meal break for shifts exceeding [Number] hours.
• Rest breaks of [Length] minutes will be provided for every [Number] hours worked.

7. Employee Benefits

• Mandatory Benefits:
• Worker’s Compensation Insurance (as required by Wisconsin law).
• Unemployment Insurance (as required by Wisconsin law).
• Optional Benefits (Eligibility and participation rules apply):
• Option A: Health Insurance.
• Option B: Dental Insurance.
• Option C: Vision Insurance.
• Option D: Short-Term Disability Insurance.
• Option E: Paid Vacation Leave: [Accrual Rate]. Adheres to any applicable Wisconsin municipal requirements.
• Option F: Paid Sick Leave: [Accrual Rate]. Adheres to any applicable Wisconsin municipal requirements.
• Option G: Paid Holidays: [List of Holidays].
• Option H: Retirement Plan Access.
• Option I: Uniform Allowance: [Amount] per [Frequency].
• Option J: Parking: [Description of parking benefits].
• Option K: Employee Meals/Discounts: [Description of meal benefits/discounts].

8. Onboarding and Certifications

• The Employee is required to complete the following onboarding procedures: [List of procedures].
• The Employee is required to obtain and maintain the following certifications (if applicable):
• Wisconsin Department of Revenue Responsible Beverage Server Training.
• Food Safety Certification (e.g., ServSafe).

9. Reporting Structure

• The Employee will report directly to [Supervisor Title, e.g., Shift Manager, Front-of-House Manager].
• The Employee is expected to work collaboratively with kitchen staff, bar staff, and other service personnel.

10. Standards of Appearance and Grooming

• The Employee must adhere to the Employer's standards of appearance and grooming as outlined in the employee handbook or as otherwise communicated by management.
• Required uniform: [Description of uniform].
• Provided items: [List of items provided by employer].
• Personal hygiene standards: [Description of hygiene standards].
• Jewelry and hair rules: [Description of rules].

11. Use and Care of Employer Property

The Employee is responsible for the proper use and care of all Employer-owned property, including POS terminals, cash drawers, trays, and uniforms.

12. Compliance with Health Codes and Safety Practices

The Employee must comply with all applicable Wisconsin health codes, food handler safety practices, and local public health ordinances.

13. Anti-Harassment, Anti-Discrimination, and Equal Opportunity Employment

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on sex, race, color, creed, age, disability, sexual orientation, marital status, national origin, or arrest/conviction record, as protected by Wisconsin law (Wisconsin Statute 111.31–111.395). Retaliation against employees for raising wage/hour, discrimination, or safety complaints is strictly prohibited.

14. Cash Handling and Loss Prevention

The Employee is responsible for accurate cash handling and must follow the Employer's loss prevention procedures. The Employee may be held responsible for shortages or register discrepancies to the extent permitted by Wisconsin law (Wis. Stat. § 103.455), with proper notice and consent.

15. Minor Employees (If Applicable)

If the Employee is under 18 years of age, the Employer will comply with all applicable Wisconsin child labor regulations, including meal and break requirements. Timekeeping, parental authorization, and supervision will be provided as required by law.

16. Workplace Postings and Notices

The Employer will maintain all mandatory workplace postings and notices as required by the Wisconsin Department of Workforce Development (DWD).

17. Safe Work Practices

The Employee must follow safe work practices for lifting, slip-and-fall prevention, and chemical handling. The Employee must report any work-related injuries immediately for worker’s compensation purposes.

18. Guest Interaction and Alcohol Service

The Employee must provide professional and courteous service to all guests. The Employee must comply with all Wisconsin alcohol service laws, including age verification and refusal of service to intoxicated individuals. The Employee must report any incidents involving guest intoxication or disorderly conduct.

19. Performance Expectations and Disciplinary Action

The Employee's performance will be evaluated periodically. Grounds for corrective action or disciplinary measures include, but are not limited to, violation of company policy, poor performance, and misconduct.

20. Restrictive Covenants

The Employee acknowledges that this position does not require a non-compete agreement.

21. At-Will Employment

Employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to applicable law. Procedures for resignation: [Resignation Notice Period]. Immediate termination may occur for gross misconduct, theft, or breach of safety or alcohol service regulations.

22. Return of Property

Upon separation from employment, the Employee must return all Employer-owned equipment and uniforms.

23. Dispute Resolution

Any disputes arising out of or relating to this Agreement will be resolved through direct discussion and mediation if possible. The laws of the State of Wisconsin shall govern this Agreement. Venue for any legal action shall be in [County] County, Wisconsin.

24. Confidentiality

The Employee must maintain the confidentiality of customer payment data and personal information. The Employee is prohibited from sharing proprietary recipes or business information, if applicable.

25. Accommodations

The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with Wisconsin law and Title I of the Americans with Disabilities Act (ADA).

26. Social Media and Communications

The Employee must adhere to the Employer's social media policy. The Employee is prohibited from disclosing confidential or proprietary information about the Employer, its customers, or its employees.

27. Modification

This Agreement may be modified only in writing, signed by both the Employer and the Employee.

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

____________________________
[Employer Representative Name]

[Employer Representative Title]

[Employer Legal Name]

____________________________
[Employee Full Legal Name]

Date: [Date]