Bill Text: CA AB647 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 647

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Grocery workers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 452, Statutes of 2023. [AB647 Detail]

Download: California-2023-AB647-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 647

Introduced by Assembly Member Holden

February 09, 2023

An act to amend Sections 2504 and 2506 of, and to add Section 2516.1 to, the Labor Code, relating to private employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 647, as introduced, Holden. Grocery workers.

Existing law, upon change in control of a grocery establishment, requires an incumbent grocery employer, within 15 days after the execution of the transfer document, to provide to the successor grocery employer a list of eligible grocery workers, as specified, and requires the successor grocery employer to maintain a preferential hiring list of eligible grocery workers, to hire from that list for 90 days after the grocery establishment is fully operational and open to the public under the successor grocery employer, and to retain each eligible grocery worker hired for at least 90 days after their commencement date, except as specified. Existing law exempts from those provisions grocery establishments that are located in geographic areas designated by the United States Department of Agriculture as a food desert if specified conditions apply.

This bill would instead require a successor grocery employer to provide the list of eligible grocery workers within 25 days after the execution of the transfer document. The bill would require the successor grocery employer to hire from the list for 100 days after the grocery establishment is fully operational and open to the public and retain each eligible grocery worker for at least 90 days after their commencement date, except as specified. The bill would prohibit a successor grocery store employer to cause a grocery establishment that is located in a geographic area designated as a food desert to cease being fully operational and open to the public until the establishment provides notice to the city council, city attorney, board of supervisors, county counsel, State Department of Public Health, and Attorney General 180 days before the establishment ceases to be fully operational and open to the public. The bill would require the notice to include, among other things, a written analysis and explanation, including data, on how residents living in the geographic area will be able, at a comparable cost, including transportation cost and time off work and childcare costs, to purchase food.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 2504 of the Labor Code is amended to read:

2504.

(a) The incumbent grocery employer shall, within 15 25 days after the execution of the transfer document, provide to the successor grocery employer the name, address, date of hire, and employment occupation classification of each eligible grocery worker.

(b) The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer pursuant to subdivision (a) and shall hire from that list for a period beginning upon the execution of the transfer document and continuing for 90 100 days after the grocery establishment is fully operational and open to the public under the successor grocery employer.

(c) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this part, the successor grocery employer shall retain written verification of that offer for at least three years after the date of the offer. The verification shall include the name, address, date of hire, and employment occupation classification of each eligible grocery worker.

SEC. 2.

Section 2506 of the Labor Code is amended to read:

2506.

(a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 90 100 days after the eligible grocery worker’s employment commencement date. During this ~~90-day~~ 100-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any.

(b) If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any.

(c) During the ~~90-day~~ 100-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part.

(d) At the end of the ~~90-day~~ 100-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible grocery worker’s performance during the ~~90-day~~ 100-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years.

SEC. 3.

Section 2516.1 is added to the Labor Code, to read:

2516.1.

(a) In the case of a change of control from a merger, a successor grocery employer shall not cause a grocery establishment that is located in a geographic area designated by United States Department of Agriculture as a food desert to cease being fully operational and open to the public until the establishment provides a written notice to the city council, city attorney, board of supervisors, county counsel, State Department of Public Health, and Attorney General 180 days before the establishment ceases to be fully operational and open to the public.

(b) The notice required by subdivision (a) shall include both of the following:

(1) A written analysis and explanation, including data, of how residents living in the geographic area designated by United States Department of Agriculture as a food desert will be able, at comparable cost, including transportation cost and time off work and childcare costs, to purchase food after the establishment ceases being fully operational and open to the public.

(2) A profit and loss statement for the establishment consistent with generally accepted accounting principles for the two years prior to the merger attested to by a responsible officer of the successor employer.