§ 4639.81

A contract entered into or renewed pursuant to this article shall be subject to all of the following conditions:

(a) Except as otherwise provided in this section, the successor contractor shall agree to retain all covered employees for at least 90 days following a change of operator.

(1) During the transition period, the successor contractor shall not reduce the total compensation of any covered employee.

(2) During the transition period, the successor contractor shall not terminate a covered employee without cause.

(3) If the successor contractor determines in good faith that it requires fewer employees at a covered employee’s principal place of employment during the transition period than were required by the predecessor contractor, the successor contractor shall retain qualified covered employees by seniority within each job classification.

(4) At the end of the transition period, the successor contractor shall make a written performance evaluation for each covered employee retained during the transition period.

(5) A successor contractor and a labor organization representing covered employees may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this subdivision.

(b) At least 15 days before the effective date of a change of operator, the predecessor contractor shall cause to be posted public notice of the change of operator at each principal place of employment of any covered employee. The notice shall include the name of the predecessor contractor and its contact information, the name of the successor contractor and its contact information, and the effective date of the change of operator. The notice shall be posted in a conspicuous place in a manner to be readily viewed by covered employees. At least 15 days before the effective date of a change of operator, the predecessor contractor shall also cause the notice to be sent to any labor organization that represents the covered employees.

(c) A successor contractor shall retain the following records, in written or electronic format, for at least three years:

(1) The list provided to the successor contractor pursuant to paragraph (2) of subdivision (c) of Section 4639.80.

(2) All offers of employment made to covered employees.

(3) All terminations of covered employees during a transition period, including the reasons for termination.

(4) All written performance evaluations of covered employees made pursuant to paragraph (4) of subdivision (a).

(Added by Stats. 2018, Ch. 975, Sec. 3. (SB 134) Effective January 1, 2019.)