Wyoming restaurant server employment contract template

Wyoming Restaurant Server Employment Agreement

This Wyoming Restaurant Server Employment Agreement ("Agreement") is made and entered into as of [Date] by and between:

[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Physical Address] and mailing address at [Employer Mailing Address] (hereinafter "Employer"), and

[Employee Legal Name], residing at [Employee Physical Address] and mailing address at [Employee Mailing Address] (hereinafter "Employee").

Employer and Employee agree as follows:

1. Employment

The Employer hires Employee as a Full-Time Restaurant Server.

Worksite: [Restaurant Worksite Address] (Wyoming).

Option A: Employee may be required to work at other locations of the Employer within [Number] miles of the primary worksite.

Option B: Employee will work exclusively at the primary worksite.

Reporting Structure: Employee will report to [Supervisor Title, e.g., Front-of-House Manager, General Manager].

2. Duties

Employee will perform all duties typically associated with the position of Restaurant Server, including, but not limited to:

Greeting guests and seating them.

Taking, modifying, and accurately relaying orders to kitchen staff.

Delivering food and beverages in compliance with safe food handling and Wyoming health regulations.

Performing tableside service.

Upselling menu items and beverages according to house policy.

Handling payment transactions (cash, credit cards) and operating the POS system.

Accurately reporting tips to the Employer.

Maintaining station cleanliness according to Wyoming Department of Health regulations.

Adhering to Employer’s uniform and grooming standards.

Participating in nightly side work and closing procedures.

Complying with alcohol service regulations of the Wyoming Department of Revenue Liquor Division, including checking IDs and responsible alcohol service.

Participating in pre-shift meetings and required training sessions.

Adhering to all other restaurant policies and procedures.

3. Work Schedule & Overtime

Full-Time Status: This is a full-time position.

Expected Weekly Hours: Employee is expected to work a minimum of [Number] hours per week.

Typical Shift Schedule: [Describe typical shift schedule, e.g., varied shifts, weekdays, weekends].

Breaks and Meal Periods: Breaks and meal periods will be provided in accordance with Employer policy and applicable federal and Wyoming law. (Note: Wyoming does not mandate meal/rest breaks but the employer policy should be clearly stated).

Overtime Compensation: Employee will be compensated for overtime hours (hours worked over 40 in a workweek) at a rate of one and one-half (1.5) times the Employee's regular rate of pay, as required by the Fair Labor Standards Act (FLSA) and Wyoming law.

Overtime Approval: All overtime work must be pre-approved by [Supervisor Title].

4. Compensation & Tips

Base Hourly Wage: The Employee’s base hourly wage is $[Amount] per hour, which meets or exceeds the Wyoming minimum wage for tipped employees (as of 2024).

Tips: All tips received by the Employee are the sole property of the Employee. Employee is responsible for accurately reporting all tips to the Employer and the IRS.

Tip Pooling/Tip Out:

Option A: There is no tip pooling or tip out.

Option B: Employer utilizes a tip pool. [Describe tip pool arrangement, e.g., all servers pool tips to be distributed according to hours worked]. Employee agrees to participate in the Employer’s established tip pool.

Option C: Employee will be required to tip out [Percentage]% of total tips to [Specify positions tipped out to, e.g., bussers, bartenders].

Direct Wage and Tip Combination: The combination of the Employee's hourly wage and reported tips will meet or exceed the Wyoming minimum wage for all hours worked.

Payment Schedule: Employee will be paid [Weekly/Bi-Weekly].

5. Uniforms & Equipment

Option A: The Employer will provide the Employee with the required uniform(s).

The Employee is responsible for maintaining the cleanliness and professional appearance of the uniform(s).

Damaged or lost uniforms must be returned to the Employer, or paid for.

Option B: The Employee is responsible for providing and maintaining the required uniform(s) in accordance with Employer standards.

[Describe specific uniform requirements].

The Employer will provide all necessary equipment for the Employee to perform their job duties.

6. Benefits

As a full-time employee, the Employee may be eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:

Option A: Employer-provided health insurance.

Option B: Paid time off (PTO).

Option C: Paid holidays.

Option D: Staff meals or meal discounts.

Option E: Retirement or other voluntary benefits (e.g. 401k).

Specific details regarding benefit eligibility, enrollment, and coverage are outlined in the Employee Handbook and benefit plan documents.

7. Attendance & Time Off

Attendance: Employee is expected to be punctual and maintain regular attendance.

Reporting Absences: Employee must notify [Supervisor Title] at least [Number] hours in advance of any absence or tardiness, unless prevented by an emergency.

Call-Out Procedure: [Describe call-out procedure].

Shift Swaps: Employee may request a shift swap with another qualified employee, subject to approval by [Supervisor Title].

Time Off Requests: Employee must submit all requests for time off to [Supervisor Title] at least [Number] days in advance. Time off requests are subject to approval based on restaurant staffing needs.

Consequences for Tardiness/No-Shows: [Describe consequences for tardiness and no-shows].

8. At-Will Employment

This is an at-will employment relationship. Either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable federal and Wyoming law.

9. Termination

Voluntary Resignation: Employee must provide [Number] days written notice of resignation.

Employer-Initiated Dismissal: The Employer may terminate the Employee's employment at any time, with or without cause.

Layoff: The Employer may lay off the Employee due to business needs.

Final Wage Payment: Upon termination, the Employee will receive their final wages within five (5) business days as required by Wyoming law.

Return of Employer Property: Upon termination, the Employee must return all Employer property, including uniforms, keys, and any other company materials.

10. Non-Compete/Non-Solicitation

Option A: There is no non-compete or non-solicitation agreement.

Option B: In consideration of the employment provided herein and the training provided to the Employee, Employee agrees that during the term of employment and for a period of [Number] months following termination of employment, Employee will not, directly or indirectly, engage in any activity, including employment or consulting, with any business within a [Number] mile radius of Employer's establishment that competes with Employer's primary restaurant business. This restriction shall not prohibit Employee from employment in another industry outside of restaurant services.

11. Confidentiality

Employee acknowledges that they may have access to confidential information, including customer data, Employer’s proprietary information (recipes, menu data, promotional strategies), and trade secrets.

Employee agrees to maintain the confidentiality of such information and not to disclose it to any third party during or after employment.

12. Anti-Discrimination & Harassment

The Employer is committed to providing a workplace free of discrimination and harassment based on race, color, national origin, religion, sex, sexual orientation, age, disability, veteran status, or any other protected category under federal and Wyoming law.

The Employer has established complaint and investigation procedures to address any concerns related to discrimination or harassment. These procedures are outlined in the Employee Handbook.

13. Safety

The Employer is committed to maintaining a safe and healthy workplace and adhering to OSHA guidelines.

Employee must immediately report any injuries or unsafe conditions to [Supervisor Title].

Employee is required to participate in all safety, food handling, and alcohol awareness training programs.

14. Grounds for Immediate Termination

The following actions may result in immediate termination of employment:

Theft.

Dishonesty with cash or tips.

Violation of alcohol laws.

Workplace violence.

Intoxication on duty.

Repeated no-shows.

Serious health code violations.

15. Wage Withholdings

Employee's wages will be subject to standard withholdings for taxes, Social Security, and other legally required deductions.

Any voluntary authorizations for wage deductions must comply with Wyoming law.

16. Mandatory Training

Employee is required to complete the following training programs:

[List of required training, e.g., Food safety certification, Safe alcohol service training (TIPS), Harassment prevention training].

Failure to participate in required training may result in disciplinary action, up to and including termination of employment.

17. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.

Any disputes arising out of or relating to this Agreement shall be resolved through:

Internal complaint process outlined in the Employee Handbook.

Negotiation.

Option A: Mediation.

Option B: Arbitration.

If resolution cannot be achieved through the above methods, either party may pursue litigation in Wyoming state court.

18. Amendments

This Agreement may only be amended by a written instrument signed by both the Employer and the Employee.

19. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

21. E-Verify (If Applicable)

The Employer participates in the federal E-Verify program and will verify the Employee's eligibility for legal work status in the United States.

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

____________________________

[Employer Representative Name], [Employer Representative Title]

(Employer)

____________________________

[Employee Legal Name]

(Employee)