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The following definitions shall apply to this Chapter:
(1) "Airport" means the Philadelphia International Airport.
(2) "Airport Hospitality Operation" means a business enterprise that prepares, delivers, inspects, or provides any other service in connection with the preparation of, food or beverage for aircraft crew or passengers at the Airport, or that provides food and beverage, retail, or other consumer goods or services to the public at the Airport. The term airport hospitality operation does not include an air carrier certificated by the Federal Aviation Administration.
(3) "Covered Enterprise" means an Airport Hospitality Operation, a Hotel, or an Event Center.
(4) "Customary Seasonal Work" means work performed by an employee at an event center during approximately the same part of each calendar year, such as summer or winter.
(5) "Employee" means any person employed or permitted to work at or for a Covered Enterprise within the geographic boundaries of the City of Philadelphia, who is required under state or federal law to be paid at an overtime rate for hours in excess of a maximum number per workweek or Work Week, including but not limited to full-time employees, part-time employees, and seasonal and temporary workers; or any person employed or permitted to work at or for a Covered Enterprise who provides food and beverage service and makes more than fifty percent (50%) of income from service charges or commission. The person's job duties must involve the provision of retail trade services, food services or hospitality services at a Covered Employer, as further defined by regulation. An alleged Employer bears the burden of proof that the individual is, under applicable law, an independent contractor or an "exempt" Employee rather than an Employee of the alleged Employer.
(6) "Employer" means as defined in subsection 9-4601(6) (definition of "Employer").
(7) "Event Center" means one or more structures containing more than 15,000 seats, including ancillary premises, that is used for the purposes of public performances, sporting events, or similar events, and includes concert halls, stadiums, sports arenas, and convention centers. The term "event center" also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center's purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
(8) "Hotel" means a residential building, and ancillary premises, that is designated or used for lodging and other related services for the public, including but not limited to food and beverage preparation and service and meetings, as well as tradeshows and conventions, and contains 50 or more guest rooms.
(9) "Laid-off Employee" means any Employee who was employed by the Employer for six months or more in the 12 months preceding January 31, 2020, and whose most recent separation from active service occurred between January 31, 2020 and January 31, 2022, and was due to a government shutdown order, lack of business, a reduction in force or other, economic, non-disciplinary reason. A Laid-off Employee also means any Employee who was employed at an Event Center for 12 weeks or more in the 12 months preceding January 31, 2020 and who was not scheduled by the Employer for Customary Seasonal Work between January 31, 2020 and January 31, 2022 due to the reasons set forth in the preceding sentence.
(10) "Length of Service" means the total of all periods of time during which an Employee has been in active service, including periods of time when the worker was on leave or vacation.