Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
March 30, 2023 |
Amended
IN
Assembly
March 16, 2023 |
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member Holden |
February 09, 2023 |
(b)“Controlling person” means a person who directly or indirectly owns,
controls, or holds with power to vote, including through coordination with other persons, 20 percent or more of the outstanding voting interests of a corporation.
(c)“Controlling private fund” means a private fund that directly or through an affiliate becomes a control person with respect to a grocery establishment.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(a)A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 120 days after the eligible grocery worker’s employment commencement date. During this 120-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 120-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 120-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 120-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.
(A)The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same job classification.
(B)The most recent regular rate received by the employee while employed by the employer.
(C)The regular rate of pay received by the employee during the last three years of that employee’s employment in the same job classification.
(i)The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same job classification.
(ii)The most recent regular rate received by the employee while employed by the employer.
(iii)The regular rate of pay received by the employee during the last three years of that employee’s employment in the same job classification.
Notwithstanding any other law, contract, or agreement, a controlling private fund and any holder of an active interest in a controlling private fund shall be jointly and severally liable for all liabilities created by this part of each grocery establishment for which the controlling private fund is a controlling person, and for all liabilities of any affiliate of each grocery establishment.