2017 California Code
Labor Code - LAB
DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION
PART 9.5 - Grocery Workers
For purposes of this part, the following definitions shall apply:
(a) “Change in control” means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets or a controlling interest, including by consolidation, merger, or reorganization, of the incumbent grocery employer or any person who controls the incumbent grocery employer or any grocery establishment under the operation or control of either the incumbent grocery employer or any person who controls the incumbent grocery employer.
(b) “Eligible grocery worker” means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document. “Eligible grocery worker” does not include a managerial, supervisory, or confidential employee.
(c) “Employment commencement date” means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this part commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law.
(d) “Grocery establishment” means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. A grocery establishment does not include a retail store that has ceased operations for six months or more.
(e) “Incumbent grocery employer” means the person that owns, controls, or operates the grocery establishment at the time of the change in control.
(f) “Person” means 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.
(g) “Successor grocery employer” means the person that owns, controls, or operates the grocery establishment after the change in control.
(h) “Transfer document” means the purchase agreement or other document effecting the change in control.
(Amended (as added by Stats. 2015, Ch. 212, Sec. 1) by Stats. 2015, Ch. 305, Sec. 1. (AB 897) Effective January 1, 2016.)