Bill > A886

Introduced Session

This bill provides for a transition period of 90 days during which building service employees subject to certain building service transfers must be retained, evaluated, and, if found satisfactory, offered continued employment. The bill defines "building service" as work performed in connection with the care or maintenance of an existing building and includes, but is not limited to, work performed by a watchman, guard, security officer, fire safety director, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and superintendent. The bill applies to building service transfers, which include the termination of a building service contract, the transfer of the controlling interest in any building in which building service employees are employed, and the entering into of a new building service contract. The bill provides that, no less than 15 calendar days before any building service transfer, any former building service employer shall provide to the successor building service employer a full and accurate list containing the name, address, date of hire, and employment classification of each building service employee employed at the buildings. At the same time that the former building service employer provides the list, the former building service employer shall post the list in a notice to the building service employees that sets forth the rights provided by this bill, in the same location and manner that other statutorily required notices to employees are posted at the affected building. The notice shall also be provided to the employees' collective bargaining representative, if applicable. The bill requires any successor building service employer, upon the transfer of any building service, to retain those building service employees employed at the building covered by the terminated contract for a 90-day transition employment period. If at any time the successor building service employer determines that fewer building service employees are required to perform building services at the affected building than had been performing those services by the former building service employer, the successor building service employer shall retain the building service employees by seniority within job classification; provided, that during the 90-day transition period, the successor building service employer must maintain a preferential hiring list of those building service employees not retained at the building who are to be given a right of first refusal to any jobs within their classifications that become available during that period. At the end of the 90-day transition period, the bill requires the successor building service employer to perform a written performance evaluation for each employee retained. If the employee's performance during the 90-day transition period is satisfactory, the successor building service employer must offer the employee continued employment under the terms and conditions established by the successor building service employer. A building service employee who has been discharged or not retained in violation of the bill may bring an action against a former or successor building service employer for violation of any obligation imposed pursuant to the bill. A court may order preliminary and permanent equitable relief, including, but not limited to, reinstatement of any employee who has been discharged or not retained in violation of the bill. The bill also provides for damages that may be imposed based on violations by building service employers, including back pay, cost of benefits, and reasonable attorney's fees and costs. The bill does not apply to any: (1) building located in a municipality with a population of less than 35,000; (2) residential building with less than 50 units; (3) commercial office, institutional, or retail building of less than 100,000 square feet; or (4) lessee of commercial office space whose leasehold is less than 35,000 square feet. The bill does not apply in certain collective bargaining situations, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees.

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Thomas Giblin (D)*,  Annette Quijano (D)*, 

Introduced, Referred to Assembly Appropriations Committee (on 01/14/2020)