(1) A covered employer shall provide service employees who work at the property to provide security, janitorial services, building maintenance, concierge services, or door attendant services, and the collective bargaining representative of any such employees, a sixty (60) day advance written notice of the effective date of a closure of the property where the employees are employed and the list of laid-off employees. If the covered employer receives less than 60 days’ notice of the closure, it must provide the required notice and list of laid-off employees to employees and their collective bargaining representative as soon as practicably possible after it learns of the closure. A copy of the notice of closure and list of laid-off employees shall be promptly provided to the Agency, in the manner and form prescribed by the Agency.
(2) In the event of sale or transfer of the property where closure occurred and after the date of separation of the laid-off employees from the property, the covered employer selling the property shall provide a copy of the written notice and the list of laid-off employees provided under Subsection (1) to the purchaser(s) of the property. Any purchaser of a property where closure occurred that does not receive a list of laid-off employees shall contact the Agency to request a copy of the list. Any purchaser of the property shall maintain the written notice of closure and list of laid-off employees and shall be subject to the same duty to furnish the notice of closure and list of laid-off employees to any successor owner in the event of a subsequent sale or transfer of the property until such time that the laid-off employees’ right of recall under this section is satisfied.
(3) A covered employer, contractor or successor employer that intends to hire employees due to the re-opening of any part of the property previously closed and where any laid-off employee had previously been employed shall offer each laid-off employee any job position that becomes available at the property for which the laid-off employee is qualified. The offer shall be made in a manner in which the employer entity typically customarily communicates with employees, including e-mail, text message, other electronic communication, and/or postal mail, to the extent that such communications system permits laid-off employees to confirm receipt of the offer and permits covered employers to demonstrate the receipt has been confirmed.
(4) A laid-off employee is qualified for a position if the laid-off employee:
(a) held the same or similar position at the property at the time of the laid-off employee’s most recent separation from service with the covered employer or contractor with whom the laid-off employee was employed at the time of separation; or
(b) is qualified for the position with the same training by the covered employer, contractor or successor employer that would be provided to a new employee hired into that position.
(5) The covered employer, contractor or successor employer shall offer positions to laid-off employees who qualify under subsection (4)(a) of this Section and then to Employees who qualify under subsection (4)(b). Where more than one laid-off employee is entitled to the offer of a position at the same time, the covered employer, contractor or successor employer shall offer the position to the laid-off employee with the earliest date of hire at the property according to the list of laid-off employees.
(6) A laid-off employee who is offered a position pursuant to this section shall be given no less than 5 days from confirmed receipt of the offer in which to accept or decline the offer. A laid-off employee may accept an offer at any time before the end of the 5-day period. A laid-off employee, upon accepting an offer, will have fourteen (14) days from the expiration of the initial 5-day period to return, unless a different period is mutually agreed upon by the covered employer, contractor or successor employer and laid-off employee.
(7) A covered employer, contractor or successor employer that hires someone other than a laid-off employee on the grounds of lack of qualifications shall provide the laid-off employee a written notice within 30 days identifying those hired in lieu of such laid-off employee’s recall and providing the reasons for such decisions.
(8) The right of recall for any laid-off employee provided under this Section shall expire on the date five years after the laid-off employee’s most recent date of employment at the property.
Notes
| 1208 | Added, Bill No. 240088 (approved May 1, 2024). |