All contractors, covered employers and successor employers who employ service employees, or enter into service contracts to be performed at any covered property shall be subject to the following obligations:
(1) The covered employer shall give not less than 15 calendar days advance notice to a contractor, and any collective bargaining representative of any of the service employees employed by such contractor, that a service contract will be terminated or ended and the name, telephone number and address of the successor employer or employers, if known. The terminated or ending contractor shall, within three (3) days after receipt of such notice, provide to the successor employer, the name, date of hire, preferred language and employment occupation classification of each service employee employed at the covered property by the terminated or ending contractor at the time of receiving said notice.
(2) On the date said service contract ends, the terminating or ending contractor shall update the information previously provided to make it current to the actual termination date.
(3) If the terminated or ending contractor is not notified of the identity of the successor employer, pursuant to the notice required by subsection (1), the terminated or ending contractor shall provide such information to the covered employer within three (3) days of receipt of such notice. The covered employer shall be responsible for providing such information to the successor employer as soon as that successor employer has been selected or identified.
(4) A successor employer shall retain, for a 90-day transition employment period commencing with (a) the onset of the successorship service contract, or (b) the effective date of its purchase or acquisition of a controlling interest of the covered property, or (c) the termination of the terminated or ending contractor, if the covered employer is directly employing service employees at the covered property to perform the services of the terminated or ending contractor, all employees who have been employed at the covered property by the terminated or ending contractor, or its subcontractor, or by the covered employer who sold or transferred its controlling interest in the covered property, for at least 90 days immediately preceding the date the predecessor contract is terminated or effective date of purchase or acquisition of the covered property.
In the event that the successorship service contract is terminated or ended prior to the expiration of the 90-day transition employment period, then any subsequent successor employer shall be bound by the requirements set forth in this subsection to retain, for a new 90-day transition employment period commencing with the termination of the initial successorship service contract, all service employees who have been employed by any one or combination of the terminated or ending contractor at the covered property for at least the 90-day period immediately preceding the date of the most recently terminated or ended service contract.
The successor employer shall hand deliver a written offer of employment to each employee as required by this Section in the employee’s native language or another language in which the employee is fluent. Such offer shall state the time within which the employee must accept such offer but in no case may that time be less than ten days from the date of the offer and in no case may the tenth day occur any later than five days prior to the expiration or termination of the terminated or ending contractor’s service contract or the covered employer’s termination of its direct employees’ employment.
The written offer required by this Section shall be substantially in the form set forth in Section 9-2306 in a language in which each employee is fluent.
(5) If at any time a successor employer determines that fewer employees are required to perform the new service contract than were required by the terminated contractor, the successor employer shall be required to retain employees by seniority based on original dates of hire at the covered property within each job classification.
(6) During such 90-day period, the successor employer shall maintain a preferential hiring list of employees eligible for retention under subsection (4), not retained by the successor employer from which the successor employer shall hire additional employees.
(7) Except as provided under subsection (6) of this Section, during such 90-day period, the successor employer shall not discharge without cause an employee retained pursuant to this Chapter. Cause shall be based only on the performance or conduct of the particular employee.
(8) At the end of the 90-day transition employment period, the successor employer shall perform a written performance evaluation for each employee retained pursuant to this Section. If such employee’s performance during such 90-day transition period is satisfactory, the successor employer shall offer such employee continued employment under the terms and conditions established by the successor employer.
Notes
| 1207 | Caption and Section amended, Bill No. 240088 (approved May 1, 2024). |