The following definitions shall apply in this Chapter:
(1) "Change in Control" means any sale, assignment, transfer, contribution, or other disposition of a hotel, or of all or substantially all of the assets used in the operation of a hotel, or a discrete portion of a hotel, that continues to be operated as a hotel following disposition.
(2) "Eligible Employee" means any individual who performs work at a hotel: (a) whose primary place of employment is a Hotel that undergoes a Change in Control subject, whether employed or contracted to perform work functions directly by the Incumbent Hotel Employer, or by a person or entity that has contracted with the Incumbent Hotel Employer to provide services at the Hotel; and (b) whose Length of Service with the Incumbent Hotel Employer is six months or more in the time period prior to the execution of the Transfer Document. "Eligible Employee" does not include a managerial, supervisory, or confidential employee.
(3) "Employment Commencement Date" means the date on which an Eligible Employee who is retained by a Successor Hotel Employer pursuant to this Chapter commences work for the Successor Hotel Employer.
(4) "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.
(5) "Incumbent Hotel Employer" means a person or entity that owns, controls, or operates a Hotel prior to a Change in Control.
(6) "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.
(7) "Successor Hotel Employer" means a person or entity that owns, controls, and/or operates a Hotel after a Change in Control.
(8) "Transfer Document" means the purchase agreement or other document(s) that create a binding commitment to effect a Change in Control.
(1) An Incumbent Hotel Employer shall post written notice of a Change in Control at a hotel within five business days following the execution of a Transfer Document. Notice shall be posted in a conspicuous place at the hotel so as to be readily viewed by eligible employees and prospective applicants for employment. Notice shall remain posted during any closure of the Hotel and for six months after the hotel begins operation and is open to the public under the Successor Hotel Employer.
(2) Notice shall include the name of the Incumbent Hotel Employer and its contact information, the name of the Successor Hotel Employer and its contact information, and the effective date of the Change in Control.
(3) If the Hotel is closed or substantially reduced in operations at the time of the execution of the Transfer Document, the Incumbent Hotel Employer shall send Notice to all Eligible Employees to their last known physical address, and by email and text message to the extent the Incumbent Hotel Employer possesses such information.
(4) An Incumbent Hotel Employer shall, within fifteen calendar days after execution of a Transfer Document, provide to the Successor Hotel Employer the name, address, date of hire, and occupation classification of each Eligible Employee.
(1) A Successor Hotel Employer shall maintain a preferential hiring list of Eligible Employees, as identified by the Incumbent Hotel Employer as set forth in subsection 9-5402(4) or as the Successor otherwise obtains information regarding such employees, and shall be required to extend employment opportunities for all positions established to the individuals on such list for a period beginning upon the execution of the Transfer Document and continuing for six months after the hotel is operating and open to the public under the Successor Hotel Employer. Such offer shall be in writing and shall remain open for at least ten business days from the date of the offer.
(2) Such offer shall be made regardless whether the Successor Hotel Employer hires directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity.
(3) If the Successor Hotel Employer extends an offer of employment to an Eligible Employee, the Successor Hotel Employer shall retain written verification of that offer for no fewer than three years from the date the offer was made. The verification shall include the name, address, date of offer and occupation classification of each Eligible Employee.
(4) If the Successor Hotel Employer determines, within the six-month period established under subsection (1) above, that it requires fewer employees than were required by the Incumbent Hotel Employer, the Successor Hotel Employer shall first offer available positions to Eligible Employees in the same occupational classification with the greatest Length of Service with the Incumbent Hotel Employer.
(5) Successor Hotel Employer shall retain each Eligible Employee hired pursuant to this Chapter for no fewer than 90 calendar days following the Eligible Employee's Employment Commencement Date and shall not discharge such employee without cause.
(6) At the end of such 90-day period, the Successor Hotel Employer shall perform a written performance evaluation for each retained Eligible Employee. The Successor Hotel Employer shall retain a record of the written performance evaluation period of no fewer than three years.
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