As used in this chapter, the following terms shall have the
meanings indicated:
AWARDING AUTHORITY
Any person that awards or enters into a service contract
or subcontract to be performed in the City.
CITY
The City of Hoboken.
CONTRACTOR
Any person, including a subcontractor, who enters into a
service contract or subcontract to be performed in whole or in part
in the City, provided the contractor employs more than four service
employees anywhere in the United States.
COVERED LOCATION
A:
A.
Multifamily residential building with more than 50 units;
B.
Commercial center or office building or complex occupying more
than 100,000 square feet;
C.
Private school, college or university;
D.
Institution, such as a museum, convention center, arena, airport
or performance hall;
E.
Hospital, nursing care facility or other health care provider
location.
EMPLOYER
Any person who employs service employees at a covered location.
PERSON
Any individual, proprietorship, partnership, joint venture,
corporation, limited liability company, trust, association, or other
entity that may employ persons or enter into a service contract.
SERVICE CONTRACT
A contract between an awarding authority and a contractor
to provide services performed by a "service employee" as defined in
this section at a covered location in the City.
SERVICE EMPLOYEE
An individual employed in connection with the care or maintenance
of a building or property, and includes but is not limited to work
performed by a security guard such as an armed or unarmed watchperson
or armed or unarmed guard; a front desk worker such as a doorperson,
health facility attendant, or concierge; a janitor, such as a building
cleaner, porter, or housekeeper; a maintenance employee such as a
handyperson; building superintendent; grounds maintenance workers
such as a gardener or groundskeeper; a stationary fireman; elevator
operator and starter; or window cleaner who has been regularly assigned
to a covered location on a full- or part-time basis for at least 90
days immediately preceding any transition in employment subject to
this section, but does not include:
A.
A managerial or professional employee;
B.
An employee who is regularly scheduled to work less than 20
hours per week.
SUCCESSOR EMPLOYER
An employer that:
A.
Is awarded a service contract to provide, in whole or in part,
services that are substantially similar to those provided at any time
during the previous 90 days; or
B.
Has purchased or acquired control of a property located in the
City where service employees were employed at any time during the
previous 90 days; or
C.
Terminates a service contract and hires service employees as
its direct employees to perform services that are substantially similar
within 90 days after a service contract is terminated or canceled.
The offer of employment required to be provided to a incumbent worker by §
199-2B of this chapter shall be substantially in the form below:
DATE:_____
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TO: (name of employee)
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IMPORTANT INFORMATION REGARDING YOUR EMPLOYMENT
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We have received information that you are employed
by (name of predecessor contractor) and are currently performing work
at (address of worksite). (Name of predecessor contractor) has lost
its contract with the owners of (address of worksite) and will no
longer be providing janitorial, building maintenance as of (last day
of predecessor contract).
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We are (name of successor contractor) and have been hired by
the owners of (address of worksite) to provide the same (or janitorial,
building maintenance) service. We are offering you a job with us for
a ninety-day probationary period starting (first day of successor
contract) to perform the same type of work that you have already been
doing for (name of predecessor contractor) under the following terms:
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Pay rate (per hour): $_____
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Hours per shift: _____
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Total hours per week: _____
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Benefits: _____
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You must respond to this offer within the next 10 days. If you
want to continue working at (address of worksite) you must let us
know by (mm/dd/yyyy - no later than five days prior to the expiration
of the predecessor contract or 10 days after the date of this letter
if the predecessor contract has already expired). If we do not receive
your response by the end of business that day, we will not hire you
and you will lose your job. We can be reached at (successor contractor
phone number).
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The Service Worker Retention Law, of the Laws of Hoboken, gives
you the following rights:
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1.
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You have the right, with certain exceptions, to be hired by
our company for the first 90 days that we begin to provide services
at (address of worksite).
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2.
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During this ninety-day period, you cannot be fired without just
cause.
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3.
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If you believe that you have been fired or laid off in violation
of the Service Worker Retention Law, you have the right to institute
legal action, and if successful may be awarded back pay, reinstatement,
liquidated damages, attorney's fees and court costs.
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FROM: (Name of successor contractor)
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(Name of authorized representative)
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(Address of successor contractor)
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(Telephone number of successor contractor)
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