Common use of Displaced Janitor Opportunity Act Clause in Contracts

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 4 contracts

Samples: Janitorial Services Contract, Janitorial Services Contract, Janitorial Services Contract

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Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a terminated Contractor when a contract the Contract has been terminated or will be terminated and shall indicate whether another service contract CONTRACT will be awarded in its place and, if so, shall identify the name and address of the successor ContractorCONTRCTOR. The terminated Contractor shall, within three (3) working days after receiving that notification, provide to the successor Contractor CONTRACTOR the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contractContract. If the terminated Contractor has not learned the identity of the successor ContractorCONTRACTOR, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor CONTRACTOR as soon as the successor Contractor CONTRACTOR has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor CONTRACTOR shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four (4) months or longer at the site or sites unless the Contractor CONTRACTOR has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contractContract. The successor Contractor CONTRACTOR shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor CONTRACTOR or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor CONTRACTOR determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor CONTRACTOR shall retain employees by seniority within the job classification. The successor Contractor CONTRACTOR shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated ContractorCONTRACTOR's employees who were not retained by the successor ContractorCONTRACTOR, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor CONTRACTOR shall maintain a preferential list of eligible covered employees not retained by the successor Contractor CONTRACTOR from which the successor Contractor CONTRACTOR shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor CONTRACTOR shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor CONTRACTOR shall provide a written performance evaluation to each employee. The successor Contractor CONTRACTOR shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 2 contracts

Samples: Janitorial Services Agreement, Custodial Maintenance Services Agreement

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractorcontractor. The terminated Contractor contractor shall, within three working days after receiving that notification, provide to the successor Contractor contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor contractor has not learned the identity of the successor Contractorcontractor, the terminated Contractor contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor contractor as soon as the successor Contractor contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractorcontractor. A successor Contractor contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor contractor for the preceding four months or longer at the site or sites unless the Contractor contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor contractor or subcontractor. If at any time the successor Contractor contractor determines that fewer employees are needed to perform services than the terminated Contractorcontractor, the successor Contractor contractor shall retain employees by seniority within the job classification. The successor Contractor contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor contractor and a list of any of the terminated Contractorcontractor's employees who were not retained by the successor Contractorcontractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor contractor from which the successor Contractor contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor contractor shall provide a written performance evaluation to each employee. The successor Contractor contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 2 contracts

Samples: Janitorial and Day Porter Services Agreement, Janitorial and Day Porter Services Agreement

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractorcontractor. The terminated Contractor contractor shall, within three working days after receiving that notification, provide to the successor Contractor contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor contractor has not learned the identity of the successor Contractorcontractor, the terminated Contractor contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor contractor as soon as the successor Contractor contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractorcontractor. A successor Contractor contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor contractor for the preceding four months or longer at the site or sites unless the Contractor contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor contractor or subcontractor. If at any time the successor Contractor contractor determines that fewer employees are needed to perform services than the terminated Contractorcontractor, the successor Contractor contractor shall retain employees by seniority within the job classification. The successor Contractor contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor contractor and a list of any of the terminated Contractorcontractor's employees who were not retained by the successor Contractorcontractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor contractor from which the successor Contractor contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor contractor shall provide a written performance evaluation to each employee. The successor Contractor contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-at- will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Contract

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractorcontractor. The terminated Contractor contractor shall, within three working days after receiving that notification, provide to the successor Contractor contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor contractor has not learned the identity of the successor Contractorcontractor, the terminated Contractor contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor contractor as soon as the successor Contractor contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractorcontractor. A successor Contractor contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor contractor for the preceding four months or longer at the site or sites unless the Contractor contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor contractor or subcontractor. If at any time the successor Contractor contractor determines that fewer employees are needed to perform services than the terminated Contractorcontractor, the successor Contractor contractor shall retain employees by seniority within the job classification. The successor Contractor contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor contractor and a list of any of the terminated Contractorcontractor's employees who were not retained by the successor Contractorcontractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor contractor from which the successor Contractor contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor contractor shall provide a written performance evaluation to each employee. The successor Contractor contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Price Agreement

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractorcontractor. The terminated Contractor contractor shall, within three working days after receiving that notification, provide to the successor Contractor contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor contractor has not learned the identity of the successor Contractorcontractor, the terminated Contractor contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor contractor as soon as the successor Contractor contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractorcontractor. A successor Contractor contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor contractor for the preceding four months or longer at the site or sites unless the Contractor contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor contractor or subcontractor. If at any time the successor Contractor contractor determines that fewer employees are needed to perform services than the terminated Contractorcontractor, the successor Contractor contractor shall retain employees by seniority within the job classification. The successor Contractor contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor contractor and a list of any of the terminated Contractorcontractor's employees who were not retained by the successor Contractorcontractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor contractor from which the successor Contractor contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor contractor shall provide a written performance evaluation to each employee. The successor Contractor contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Janitorial and Day Porter Services Agreement

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts Contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract Contract has been terminated or will be terminated and shall indicate whether another service contract Contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contractContract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contractContract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Janitorial Services Contract

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts Contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract Contract has been terminated or will be terminated and shall indicate whether another service contract Contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contractContract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contractContract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Custodial Services Contract

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Janitorial Services Contract

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Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts CONTRACTs entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors CONTRACTORS and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor CONTRACTOR or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-60- day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor CONTRACTOR when a contract CONTRACT has been terminated or will be terminated and shall indicate whether another service contract CONTRACT will be awarded in its place and, if so, shall identify the name and address of the successor ContractorCONTRACTOR. The terminated Contractor CONTRACTOR shall, within three (3) working days after receiving that notification, provide to the successor Contractor CONTRACTOR the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contractCONTRACT. If the terminated Contractor CONTRACTOR has not learned the identity of the successor ContractorCONTRACTOR, the terminated Contractor CONTRACTOR shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor CONTRACTOR as soon as the successor Contractor CONTRACTOR has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors sub-contractors of a terminated ContractorCONTRACTOR. A successor Contractor CONTRACTOR shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor CONTRACTOR for the preceding four months or longer at the site or sites unless the Contractor CONTRACTOR has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contractCONTRACT. The successor Contractor CONTRACTOR shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor CONTRACTOR or successor subcontractor sub- contractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor CONTRACTOR or subcontractor. If at any time the successor Contractor CONTRACTOR determines that fewer employees are needed to perform services than the terminated ContractorCONTRACTOR, the successor Contractor CONTRACTOR shall retain employees by seniority within the job classification. The successor Contractor CONTRACTOR shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor CONTRACTOR and a list of any of the terminated ContractorCONTRACTOR's employees who were not retained by the successor ContractorCONTRACTOR, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor CONTRACTOR shall maintain a preferential list of eligible covered employees not retained by the successor Contractor CONTRACTOR from which the successor Contractor CONTRACTOR shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor CONTRACTOR shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor CONTRACTOR shall provide a written performance evaluation to each employee. The successor Contractor CONTRACTOR shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Price Agreement

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a terminated Contractor when a contract the Contract has been terminated or will be terminated and shall indicate whether another service contract CONTRACT will be awarded in its place and, if so, shall identify the name and address of the successor ContractorCONTRCTOR. The terminated Contractor shall, within three (3) working days after receiving that notification, provide to the successor Contractor CONTRACTOR the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contractContract. If the terminated Contractor has not learned the identity of the successor ContractorCONTRACTOR, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor CONTRACTOR as soon as the successor Contractor CONTRACTOR has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor CONTRACTOR shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four (4) months or longer at the site or sites unless the Contractor CONTRACTOR has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contractContract. The successor Contractor CONTRACTOR shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor CONTRACTOR or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor CONTRACTOR determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor CONTRACTOR shall retain employees by seniority within the job classification. The successor Contractor CONTRACTOR shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated ContractorCONTRACTOR's employees who were not retained by the successor ContractorCONTRACTOR, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor CONTRACTOR shall maintain a preferential list of eligible covered employees not retained by the successor Contractor CONTRACTOR from which the successor Contractor CONTRACTOR shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor CONTRACTOR shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor CONTRACTOR shall provide a written performance evaluation to each employee. The successor Contractor CONTRACTOR shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-at- will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Janitorial Services Contract

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-at- will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Janitorial Services Contract

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied applies to contracts Contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract Contract has been terminated or will be terminated and shall indicate whether another service contract Contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article paragraph shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contractContract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.. DocuSign Envelope ID: A2AEC0AC-D4A8-445A-9A4D-A84B1A5EE233

Appears in 1 contract

Samples: Janitorial Services Contract

Displaced Janitor Opportunity Act. Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment is the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act applied to contracts entered into on or after January 1, 2002. The Displaced Janitor Opportunity Act requires janitorial and building maintenance Contractors and subcontractors that employ 25 persons or more to retain, for a period of 60 days, certain employees who were employed at that site by the previous Contractor or subcontractor. This act further requires that employees retained under the act’s provisions for that 60-day period be offered continued employment if their performance during that 60-day period is satisfactory. The awarding authority shall notify a Contractor when a contract has been terminated or will be terminated and shall indicate whether another service contract will be awarded in its place and, if so, shall identify the name and address of the successor Contractor. The terminated Contractor shall, within three working days after receiving that notification, provide to the successor Contractor the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract. If the terminated Contractor has not learned the identity of the successor Contractor, the terminated Contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor Contractor as soon as the successor Contractor has been selected. The requirements of this article shall be equally applicable to all subcontractors of a terminated Contractor. A successor Contractor shall retain for a 60-day transition employment period employees who have been employed by the terminated Contractor for the preceding four months or longer at the site or sites unless the Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The successor Contractor shall make a written offer of employment to each employee, as required by this section, in the employee's primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. The successor Contractor or successor subcontractor is not required to pay the same wages or offer the same benefits as were provided by the prior Contractor or subcontractor. If at any time the successor Contractor determines that fewer employees are needed to perform services than the terminated Contractor, the successor Contractor shall retain employees by seniority within the job classification. The successor Contractor shall provide a list of its employees that indicates which of these employees were employed at the site by the terminated Contractor and a list of any of the terminated Contractor's employees who were not retained by the successor Contractor, stating the reason these employees were not retained. During the 60-day transition employment period, the successor Contractor shall maintain a preferential list of eligible covered employees not retained by the successor Contractor from which the successor Contractor shall hire additional employees. During the initial 60-day transition employment period, the successor Contractor shall not discharge any employee retained pursuant to this section without cause. At the end of the transition employment period, a successor Contractor shall provide a written performance evaluation to each employee. The successor Contractor shall offer the employee continued employment if the employee's performance during the transition period is satisfactory. Any employment after the 60- 60-day transition employment period shall be at-at- will employment under which the employee may be terminated without cause.

Appears in 1 contract

Samples: Janitorial Services Contract

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