That area bounded by the Pacific Ocean on the west, by the
City borders on the south and north, and on the east by the Lincoln
Boulevard centerline south of Pico Boulevard and Fourth Street north
of Pico Boulevard. Properties adjacent to the east side of Fourth
Street between Pico Boulevard and Colorado Boulevard are included
within the area defined by this subsection; otherwise the Fourth Street
boundary shall be at the centerline.
Any person who does not actually work as a manager, supervisor
or confidential employee, and who is not required to possess an occupational
license.
That area bounded by Ocean Avenue on the west, Wilshire Boulevard
on the north, Fifth Street on the east and Colorado Boulevard on the
south. Properties on both sides of the boundary streets shall be included
within this definition.
Any employee who was employed by the employer for six months
or more and whose most recent separation from active service occurred
after September 11, 2001, and was due to lack of business, a reduction
in force or other, economic, non-disciplinary reason.
The total of all periods of time during which an employee
has been in active service, including periods of time when the employee
was on leave or on vacation.
(Added by Ord. 2031CCS § 1, adopted 12/11/01)
The requirements of this chapter
shall apply to employers doing business at a location in the Coastal
Zone or Extended Downtown Core with gross receipts over five million
dollars in the year 2000 for that location.
(Added by Ord. 2031CCS, § 1, adopted 12/11/01)
(a)
Preference for Laid Off Employees. An employer shall offer in writing, to the last known address of
laid off employees, all positions which are or become available after
the effective date of this Chapter for which the laid off employees
are qualified. A laid off employee is qualified for a position if
the employee: (1) held the same or similar position at the same site
of employment at the time of the employee's most recent separation
from active service with the employer; or (2) is or can be qualified
for the position with the same training that would be provided to
a new employee hired into that position. The employer shall offer
positions to laid off employees in an order of preference corresponding
to categories (1) and (2) in the preceding sentence. Where more than
one employee is entitled to preference for a position, the employer
shall offer the position to the employee with the greatest length
of service with the employer at the employment site.
(b)
Time Limit. A laid off
employee who is offered a position pursuant to this Chapter shall
be given no less than ten days in which to accept or decline the offer.
(Added by Ord. 2031CCS, § 1, adopted 12/11/01)
All of the provisions of this Chapter,
or any part thereof, may be waived in a bona fide collective bargaining
agreement, but only if the waiver is explicitly set forth in such
agreement in clear and unambiguous terms. Unilateral implementation
of terms and conditions of employment by either party to a collective
bargaining relationship shall not constitute, or be permitted as,
a waiver of all or any part of the provisions of this Chapter.
(Added by Ord. 2031CCS, § 1, adopted 12/11/01)
Any person, including the City, may
enforce the provisions of this Chapter by means of a civil action
for injunctive and monetary relief. The burden of proof in such cases
shall be preponderance of the evidence. Any person who violates or
aids another person to violate the provisions of this Chapter is liable
for each and every such offense for the actual damages suffered by
any aggrieved party or for statutory damages in the sum of five hundred
dollars, whichever is greater, and shall be liable for such attorneys'
fees and costs as may be determined by the court in addition thereto.
The court may also award punitive damages to any plaintiff, including
the City, in a proper case as defined by Civil Code Section 3294.
The burden of proof for purposes of punitive damages shall be clear
and convincing evidence.
(Added by Ord. 2031CCS, § 1, adopted 12/11/01)
