The following definitions shall apply throughout this Chapter.
(1) Covered employer means any person that directly employs service employees at any covered property or awards or otherwise enters into contracts, including subcontracts, with any contractor for services performed by service employees at any covered property.
(2) Contractor means any person that enters into a service contract with the covered employer, and any subcontractors to such service contract at any tier, who employs service employees at any covered property.
(3) Customary seasonal work means work performed by an employee during only the same approximate part of each calendar year, such as summer or winter.
(4) Service employee means any person employed at any covered property to provide any of the following services pursuant to a service contract or direct employment with a covered employer or successor employer: (a) security; (b) janitorial services; (c) building maintenance; (d) concierge services; (e) door attendant services; (f) food and beverage; (g) hotel service; (h) health care services, and includes registered nurses; (i) services by parking employees, as defined at subsection 9-4701(6); or (j) services by covered airport service employees as defined at subsection 17-107(1)(t)(.1). “Service Employee” does not include a person who is (a) a managerial, supervisory, or confidential employee, including those employees who would so be defined under the Fair Labor Standards Act; (b) a domestic worker as defined in Section 9-4501; or (c) is employed less than 15 hours a week. However, “Service Employee” does include persons who work 15 hours or more per week during customary seasonal work but do not work an annualized average of 15 hours or more per week.
(5) Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into other contracts.
(6) Service contract means a contract, lease, or concession agreement, including any subcontracts, entered into between a contractor and a covered employer for the furnishing of services performed by service employees at any covered property.
(7) Successorship service contract means a service contract with the covered employer where substantially the same services to be performed by service employees have previously been rendered to the covered employer as part of the same program or at the same covered property under the predecessor service contract that recently has been terminated or has ended, or have previously been rendered by the covered employer’s own employees.
(8) Successor employer means (a) any contractor that has entered into a successorship service contract to provide, in whole or in part, services at a covered property that are substantially similar to those provided by either the covered employer’s direct employees at any time during the previous 90 days or under the predecessor service contract; (b) any person that has purchased or acquired a controlling interest of a covered property where service employees were previously employed by a covered employer or contractor at any time during the 90 days prior to the effective date of the purchase or acquisition; or (c) any covered employer that terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar to the services performed under the service contract of the terminated or ending contractor.
(9) Terminated or ending contractor means a contractor whose service contract at a covered property expires without renewal or whose contract is terminated, or the covered employer itself where services previously rendered by the covered employer’s own service employees is the subject of a successorship service contract or is otherwise transferred to a successor employer.
(10) Covered property means any building, facility, structure or other real property, including a complex comprised of more than one building, of at least 50,000 square feet or containing at least fifty (50) residential dwelling units, whether owned or rented by the occupants thereof, located within the City of Philadelphia, where service employees are employed by a covered employer, contractor or successor employer.
(11) Laid-Off Employee means any service employee who was employed by a covered employer or contractor at any covered property for any of the following services: (a) security; (b) janitorial services; (c) building maintenance; (d) concierge services; or (e) door attendant services, and was employed for six months or more in the 12 months preceding their separation from employment, where such separation occurred after March 1, 2024, and whose separation was due to a closure of the property where the employee was employed and unrelated to any reasons involving employee discipline.
(12) List of Laid-Off Employees means a written notice identifying all laid-off employees from a covered property due to closure. The List of Laid-Off Employees shall include each laid-off employee’s first and last name, occupation title, date of hire, telephone number, mailing address, preferred language and email address, if known. The List of Laid-Off Employees shall also include the name and contact information for the collective bargaining representative of the Laid-Off Employees.
(13) Closure means the partial or complete closing to public access and/or tenant occupancy of any covered property that results in more than twenty-five percent (25%) of the total number of employees employed within the categories set forth in subsection (11) at the property during the previous 12-month period qualifying as Laid-Off Employees. The total number of employees employed at the property for purposes of determining when closure occurred shall include both direct employees of the covered employer and those employees employed by a contractor or contractors at the property. Closure does not include complete demolition of the entire property where the laid-off employees previously worked.
(14) Agency means such office as the Mayor shall designate to administer and enforce this Chapter.
Notes
| 1206 |