Displaced Worker Protection Act Clause Samples
Displaced Worker Protection Act. If this Agreement is for more than $25,000 and for at least a 3-month term, employees must work at least 15 hours per week. Contractors are hereby notified of the requirements to comply with the Displaced Worker Protection Act (DWPA, Article 33C of the San Francisco Police Code). The DWPA applies to any contract (services contract) to be performed with the City and County of San Francisco (City), entered into between City and any individual, proprietorship, partnership, joint venture, corporation, Limited Liability Company, trust, association or other entity with 25 or more employees. Employee for the purpose of the DWPA includes any service employee of the contractor or its subcontractor(s) who works at least 15 hours per week and whose primary place of employment is in the City but does not include: 1) managerial, supervisory or confidential employees as defined by the Fair Labor Standards Act; or 2) employees who do not possess or have not maintained a required occupational license.
Displaced Worker Protection Act a. Contractor shall comply with all applicable requirements of the Displaced Worker Protection Act (DWPA), San Francisco Police Code Article 33C as both a successor contractor, and, upon termination of this Agreement, as a terminated contractor.
b. In the event that either party gives notice of the termination of this Agreement, within ten (10) days of giving or receiving such notice Contractor shall provide to the successor contractor the name, date of hire, and employment occupation classification of each employee employed at the Sites for which Services will be provided by the successor contractor as of time of contract termination. If Contractor does not have contact information for the successor contractor ten (10) days after the contract termination notice, Contractor shall immediately notify the SFMTA in writing that it requires the successor contractor's contact information in order to comply with this Section 64, and shall provide the information required by this section to the successor contractor immediately upon receipt of the successor contractor's contact information. Where a subcontractor has been terminated prior to the termination of the contract, the terminated subcontractor shall be deemed a terminated contractor for purposes of the DWPA.
c. As successor contractor, Contractor shall retain, for a 90-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding eight months or longer at the Sites covered by this Agreement.
d. If Contractor determines that fewer employees are required to perform this Agreement than were required by the terminated contractor (and subcontractors, if any), Contractor shall retain employees by seniority within job classifications.
e. During such 90-day period, Contractor (or any subcontractor to which the DWPA applies) shall maintain a preferential hiring list of eligible covered employees not retained by Contractor (or a subcontractor) from which Contractor (or subcontractor) shall hire additional employees.
f. Except as provided in subsection (d) of this section, during such 90-day period, Contractor (or subcontractor, where applicable) shall not discharge without cause an employee retained pursuant to the DWPA. "Cause" for the purpose of this Section 61 shall include, but not be limited to, the employee’s conduct while in the employ of the terminated contractor or subcontractor that contributed to any decision to terminate th...