[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 10-1-2021 by Ord. No. B-386. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person that awards or enters into a service contract
or subcontract to be performed in the City.
The City of Hoboken.
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.
A:
Multifamily residential building with more than 50 units;
Commercial center or office building or complex occupying more
than 100,000 square feet;
Private school, college or university;
Institution, such as a museum, convention center, arena, airport
or performance hall;
Hospital, nursing care facility or other health care provider
location.
Any person who employs service employees at a covered location.
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.
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.
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:
An employer that:
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
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
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.
A.
Awarding authorities. At least 15 days before terminating any service
contract or entering into a service contract for work that its own
employees had been performing, or selling or transferring any property
where service employees are employed, an awarding authority must:
(1)
Request the terminated contractor to give the successor employer
a list containing the name, date of hire, and job classification of
each service employee working on the service contract and name and
contact information of the employee's collective bargaining representative,
if any;
(2)
Give the successor employer a list containing the name, date of hire,
job classification of each service employee currently performing the
work to be performed under the service contract and name and contact
information of the employee's collective bargaining representative,
if any;
(3)
Provide written notice to any collective bargaining representative(s)
of the affected service employees of the decision to terminate the
service contract and/or enter into a new service contract and/or sell
or transfer the property;
(4)
Ensure that a written notice to all affected service employees describing
the pending termination of the service contract, entrance into a service
contract, and/or sale or transfer of the property, including the name
and address of the awardee, purchaser, or transferee, and the employees'
rights provided by this section, are conspicuously posted at any affected
work site; and
(5)
Provide the affected service employees and their collective bargaining
representative with the name and address of any successor employer
and/or the purchaser/transferee of the property.
B.
Successor employers.
(1)
Each successor employer shall take reasonable steps to ascertain
the identity of the affected service employee;
(2)
Subject to Subsection B(4), each successor employer must retain each affected service employee at a covered location for 90 days or until its service contract is terminated, whichever is earlier. No successor employer shall reduce any affected service employee's work hours in order to circumvent the protections contained herein. Notwithstanding any language to the contrary herein, no successor employer shall be required to retain any employee based upon the provisions of this chapter beyond 90 days;
(3)
Each successor employer shall give each affected service employee a written offer of employment and send a copy to the employee's collective bargaining representative, if any. Each offer must state the date by which the service employee must accept the offer, and the date must be at least 10 days after the notice is delivered. Each offer must also state the name, address, and telephone number of the successor employer and the name of the individual who is authorized by the successor employer to make an employment offer. The written offer required by this section shall be substantially in the form set forth in § 199-4 in a language in which the employee is fluent. A written offer may be sent via electronic mail;
(4)
Each successor employer may retain less than all of the affected
service employees during the ninety-day transition period if the successor
employer:
(a)
Finds that fewer service employees are required to perform the
work than the predecessor employer had employed;
(b)
Retains service employees by seniority within each job classification;
(c)
Maintains a preferential hiring list of those employees not
retained; and
(d)
Hires any additional service employees from the list, in order
of seniority, until all affected service employees have been offered
employment;
A.
A service employee who has been discharged or otherwise not retained in violation of this chapter may bring an action in a court of competent jurisdiction against a successor employer for any violation of any obligation imposed by § 199-2B, and against an awarding authority for any violation of any obligation imposed by § 199-2A.
B.
The court may impose a fine not exceeding $ 2,000 or imprisonment
for any term not exceeding 90 days, or a period of community service
not exceeding 90 days for each violation of any obligation of this
chapter.
C.
The minimum fine shall be $100 for each violation of any obligation
of this chapter.
D.
The court may deem each day that an employee was not employed in
violation of this chapter a separate violation of any obligation of
this chapter.
E.
The court may require the violator to pay restitution to an employee
deprived of wages and/or benefits due to the violation of any obligation
imposed pursuant to this chapter up to $2,000 for each violation.
F.
The court may issue injunctive relief requiring a successor employer
to employ employees in compliance with this chapter.
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:
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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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