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For purposes of this Article 33F, the following definitions apply:
"Agency" shall mean the City's Office of Labor Standards Enforcement.
"Change in Control" shall mean any sale, assignment, transfer, contribution, or other disposition (including by consolidation, merger, or reorganization) of all or the majority of the assets of, or a controlling interest in, the Incumbent Employer or Formula Retail Parent or any Formula Retail Establishment under the operation or control of either such Incumbent Employer or Formula Retail Parent.
"City" shall mean the City and County of San Francisco.
"Eligible Employee" shall mean any Employee who has been employed by the Incumbent Employer at the Formula Retail Establishment subject to a Change in Control for at least 90 days prior to the date that the Transfer Document is fully executed. "Eligible Employee" does not include a managerial, supervisory, or confidential employee.
"Employee" shall have the same meaning as the definition of "Employee" in Section 12R.3 of the Minimum Wage Ordinance (Administrative Code Chapter 12R), as amended from time to time, except that Employee shall also mean any Person who, in a particular week, is scheduled for an On-Call Shift for at least two hours for an Employer within the geographic boundaries of the City, regardless of whether the person is required to report to work for such shift.
"Employer" shall mean any Person that owns or operates a Formula Retail Establishment with 20 or more Employees in the City, including corporate officers or executives, who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any individual. For the purpose of calculating the 20-employee threshold referenced herein, Employees performing work in other Formula Retail Establishments in the City that are owned or operated under the same trade name by the same Employer shall be counted. Notwithstanding the foregoing definition, "Employer" does not include a Nonprofit Corporation or governmental entity.
"Employment Commencement Date" shall mean the date on which an Eligible Employee retained by the Successor Employer as required in this Article 33F commences employment triggering the commencement of the 90-day retention period for the Successor Employer.
"Formula Retail Establishment" shall mean a business located in San Francisco that falls under the Planning Code's definition of "Formula Retail Use," as amended from time to time, except that the business must have at least 40 retail sales establishments located worldwide.
"Formula Retail Parent" shall mean any Person who owns or controls the Incumbent Employer.
"Full-time" shall mean 35 or more hours of work in each work week.
"Incumbent Employer" shall mean the Employer that owns, controls, and/or operates the Formula Retail Establishment prior to the Change in Control.
"Nonprofit Corporation" shall mean a nonprofit corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains valid nonprofit status under Section 501(c)(3) of the United States Internal Revenue Code, as amended from time to time, and all rules and regulations promulgated under such Section.
"On-Call Shift" shall mean any work shift for which an Employee must, less than 24 hours in advance of the start of the shift, either contact the Employer or wait to be contacted by the Employer to learn whether the Employer requires the Employee to report to work for the shift.
"Part-time" shall mean fewer than 35 hours of work in each work week.
"Person" shall mean an individual, proprietorship, corporation, partnership, limited partnership, limited liability partnership or company, trust, business trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
"Property Services Contractor" shall mean any contractor or subcontractor of an Employer that provides janitorial and/or security services to the Employer at a Formula Retail Establishment in San Francisco covered by this Article 33F.
"Successor Employer" shall mean the Employer that owns, controls, and/or operates the Formula Retail Establishment after the Change in Control.
"Transfer Document" shall mean the purchase agreement or other document(s) effecting the Change in Control.