§ 22-507 Displaced grocery workers.
AC § 22-507
a. For purposes of this section, the following terms shall have the following meanings: Change in control. The term "change in control" means any sale, assignment, transfer, contribution or other disposition of all or substantially all of the assets of, or a controlling interest in, including by consolidation, merger or reorganization, any grocery establishment. City. The term "city" means the city of New York. Department. The term "department" means the department of consumer and worker protection or any other agency or office designated by the mayor. Eligible grocery employee. The term "eligible grocery employee" means any person employed by a grocery establishment subject to a change in control, and who has been employed by such establishment on a full-time or a part-time basis for a period of at least six months prior to the effective date of the change in control; provided that such term shall not include persons who are managerial, supervisory or confidential employees or persons who on average regularly worked fewer than eight hours per week during such period. Grocery establishment. The term "grocery establishment" means any retail store in the city of New York in which the sale of food for off-site consumption comprises fifty percent or more of store sales and that exceeds 10,000 square feet in size, exclusive of any storage space, loading dock, food preparation space or eating area designated for the consumption of prepared food. Incumbent grocery employer. The term "incumbent grocery employer" means any person that owns or controls a grocery establishment prior to any change in control. Person. The term "person" means any individual, corporation, sole proprietorship, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality or any other legal or commercial entity, whether domestic or foreign. Successor grocery employer. The term "successor grocery employer" means any person that owns or controls a grocery establishment after any change in control. Transitional employment period. The term "transitional employment period" means a 90 day period beginning upon the latter of the effective date of a change in control of a grocery establishment or the end of any period during which such grocery establishment was not open to the public during its normal business hours. b. Worker retention; transitional employment period.
1.No less than fifteen calendar days before the effective date of any change in control of a grocery establishment, the incumbent grocery employer shall: (A) provide to the successor grocery employer a full and accurate list containing the name, address, phone number, if known by such incumbent grocery employee, email address, if known by such incumbent grocery employer, date of hire and job category of each eligible grocery employee; (B) post a notice in the same location and manner that other statutorily required notices to employees are posted at such grocery establishment, which shall include: (i) the effective date of such change in control; (ii) the name and contact information for the successor grocery employer; (iii) an explanation of the rights provided pursuant to this section, in a form prescribed by the department; and (iv) the names and job categories of each eligible grocery employee. (C) provide the list and notice required by subparagraphs (A) and (B) of this paragraph to the eligible grocery employees' collective bargaining representatives, if any.
2.A successor grocery employer shall retain each eligible grocery employee for the transitional employment period and, except as provided in paragraph 3 of this subdivision, a successor grocery employer shall not discharge an eligible grocery employee retained pursuant to this section during the transitional employment period without cause.
3.If at any time during the transitional employment period a successor grocery employer determines that it requires fewer eligible grocery employees than were employed by the incumbent grocery employer, such successor grocery employer shall retain such eligible grocery employees by seniority within each job category. During the transitional employment period, the successor grocery employer shall maintain a preferential hiring list of any eligible grocery employees not retained by such successor grocery employer who shall, by seniority within their job category, be given a right of first refusal to any jobs that become available during such period within such job category.
4.A successor grocery employer shall retain written verification of any offer of employment made by such successor grocery employer to any eligible grocery employee for a period of no less than three years from the date such offer was made. Such verification shall include the name, address, date of offer, and job category of each eligible grocery employee.
5.At the end of the transition employment period, a successor grocery employer shall complete a written performance evaluation for each eligible grocery employee retained pursuant to this section and may offer such eligible grocery employee continued employment. A successor grocery employer shall retain a record of the written performance evaluation for a period of no less than three years. c. Penalties.
