[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
Means Newark Liberty International Airport.
Shall mean any service provided at the airport including
security related, cleaning related, in-terminal and passenger handling
and airport lounge services on the premises of Newark Liberty International
Airport within the boundaries of the City.
Means an airport business, a business owning or operating
a property services location an event center business, or a hotel
business.
Shall mean any sale, assignment, transfer, contribution,
or other disposition of all or substantially all of the assets used
in the operation of a business, or a discrete portion of a business
that continues to operate as the same type of business of the incumbent
employer, or any person who controls the incumbent employer.
Means the City of Newark, New Jersey.
Shall mean the termination of a contract between a business
and an incumbent employer for work performed by covered employees
or the termination of covered employees as a result of the business
hiring a successor employer.
Shall mean an employee of an employer who works within the
City's boundaries and provides airport services, property services,
or travel related food services, and (1) who has a length of service
with the incumbent employer for six months or more; (2) whose place
of employment is a business subject to a change in control or contractor
transition; (3) who is employed or contracted to perform work functions
directly by the incumbent employer, or by a person who has contracted
with the incumbent employer to provide services at the business subject
to the change in control or contractor transition; and (4) who worked
for the incumbent employer prior to the execution of the transfer
document if a change of control occurs. "Covered Employee" does not
include a professional, managerial, supervisory, or confidential employee.
Shall mean an event center, travel related food service operation,
property service operation, or the airport.
Shall mean any person who employs covered employees at a
covered location within the City's boundaries.
Shall mean a publicly or privately owned structure in the
City of more than 50,000 square feet or 5,000 seats that is used for
the purposes of public performances, sporting events, business meetings,
or similar events, and includes concert halls, stadiums, sports arenas,
racetracks, coliseums, and convention centers. The term "Event Center"
also includes any contracted, leased, or sublet premises connected
to or operated in conjunction with the Event Center's purpose, including
food preparation facilities, concessions, retail stores, bars, and
structured parking facilities.
Shall mean an employer who employed covered employees prior
to a change in control or contractor transition, excluding an airline.
Means the total of all periods of time during which a covered
employee has been in active service to an employer, including periods
of time when the covered employee was on leave or vacation.
Shall mean an individual, corporation, 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.
Shall mean any cleaning or routine building maintenance work,
including, but not limited to sweeping, vacuuming, floor cleaning,
cleaning of rest rooms, collecting refuse or trash, window cleaning,
securing, patrolling, or other work in connection with the care or
securing of an existing building, including services typically provided
by a door-attendant or concierge in a residential building, or food
cafeteria services.
Shall mean a building occupying more than 100,000 square
feet or a residential building or complex with more than 50 units
within the City.
Shall mean an employer who employs covered employees after
a change in control or contractor transition.
Means the purchase agreement or other document creating a
binding arrangement to effect the change in control.
Shall mean the preparation and delivery of prepared and packaged
food and beverages to an air carrier at the airport for inflight consumption.
Shall mean a facility or operation performing Travel-Related
Food Service that is located within the City and employs at least
25 individuals.
[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
a.
At least 10 days prior to a change in control or contractor transition,
the incumbent employer shall provide the successor employer a complete
and accurate list of covered employees, showing name, address, telephone
number, classification, date of hire, and wage rate and shall provide
a copy to the collective bargaining representative of the covered
employees, if any.
b.
At least 30 days prior to the change in control or contractor transition
or immediately upon receiving notice, the incumbent employer shall
notify each covered employee and their collective bargaining representative,
if any, of the proposed transfer and of their rights under this chapter.
The successor employer shall fill its job positions by first hiring
from the pool of covered employees who had been employed by the incumbent
employer, in accordance with seniority in the applicable classification.
c.
If at any time the successor employer, determines that fewer covered
employees are required to perform services than had been performing
such services by the incumbent employer, the successor employer shall
retain the covered employees by seniority within job classification;
provided, that during the 90-day transition period, the successor
employer shall maintain a preferential hiring list of those covered
employees not retained at the buildings who shall be given a right
of first refusal to any jobs within their classifications that become
available during that period.
d.
The successor employer shall retain and not discharge a covered employee
without just cause during the covered employee's initial 90-day work
period of employment following the change in control or contractor
transition.
[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
The incumbent employer shall post written notice of the change
in control or contractor transition at the location of the affected
business within five business days following the execution of the
transfer document or within five business days after it has notice
of a contractor transition as applicable. Notice shall remain posted
during any closure of the business and for six months after the business
is open to the public under the successor employer.
Notice shall include, but not be limited to, the name of the
incumbent employer and its contact information, the name of the successor
employer and its contact information, and the effective date of the
change in control or contractor transition.
Notice shall be posted in a conspicuous place at the business
visible to covered employees, other employees, and applicants for
employment.
[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
No incumbent or successor employer employing a covered employee
shall discharge, reduce in compensation, or otherwise discriminate
against any covered employee for opposing any practice proscribed
by this chapter, for participating in proceedings related to this
chapter, for seeking to exercise his or her rights under this chapter
by any lawful means, or for otherwise asserting rights under this
chapter.
[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
A collective bargaining agreement in place on the effective
date of this chapter that contains a worker retention provision shall
supersede the provision this chapter if and only if the worker retention
provision binds and is enforceable against the successor employer.
When such a collective bargaining agreement expires or is otherwise
open for renegotiation, the provisions of this chapter may only be
waived if the waiver is explicitly set forth in the agreement in clear
and unambiguous terms. If a collective bargaining agreement is in
place on the effective date of this ordinance but the agreement does
not include a worker retention provision enforceable against the successor
employer, this chapter applies. A collective bargaining agreement
may be amended at any time to explicitly waive with clear and unambiguous
terms the provisions of this chapter.
[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
Except for a worker retention provision enforceable against the successor employer as defined in § 8:38-5, any waiver by a covered employee of any or all provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Other than in connection with the bona fide negotiation of a collective bargaining agreement, any request by a employer to a employee to waive rights given by this chapter shall be a violation of this chapter.
[Added 2-16-2022 by Ord.
No. 6PSF-a, 02-16-2022]
a.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000.00. If the violation
is of a continuing nature, each day during which it occurs shall constitute
an additional, separate, and distinct offense.
b.
In addition to any other penalties or remedies for violations of
this chapter, a covered employee may also bring a private cause of
action against an employer in any court of competent jurisdiction
to recover, in addition to the remedies provided for in this act,
compensatory, equitable and consequential damages. A successful plaintiff
in such an action may be awarded reasonable attorney's fees and costs
as permitted by law.
