Section § 2500

Explanation

This California law section emphasizes the vital role that supermarkets and grocery stores play in communities by providing essential goods and services. To maintain health and safety standards, it recognizes the importance of experienced grocery workers who know proper sanitation procedures and understand local communities. Additionally, the law supports keeping grocery workers employed even when the store changes ownership or management, which helps maintain stability in the workforce and ensures health and safety are upheld.

(a)CA Labor Code § 2500(a) Supermarkets and other grocery retailers are the primary points of distribution for food and other daily necessities for the residents of California and are therefore essential to the vitality of every California community.
(b)CA Labor Code § 2500(b) The state has a compelling interest in ensuring the welfare of the residents of its communities through the maintenance of health and safety standards in grocery establishments.
(c)CA Labor Code § 2500(c) Experienced grocery retail workers with knowledge of proper sanitation procedures, health regulations and laws, and an experience-based understanding of the clientele and communities in which the retailer is located are essential in furthering this interest and the state’s investments in health and safety.
(d)CA Labor Code § 2500(d) A transitional retention period for grocery retail workers upon change of ownership, control, or operation of grocery stores ensures stability throughout the state for these vital workers, which, in turn, results in preservation of health and safety standards.

Section § 2502

Explanation

This section defines key terms for parts of the labor laws related to grocery stores experiencing a change in control. A 'change in control' happens when most or all assets or a controlling interest in a grocery business is sold or transferred. 'Eligible grocery workers' are employees who have worked for a grocery store for at least six months before the store changes hands, excluding managers and supervisors.

The 'employment commencement date' is when these eligible workers start working for the new owner with agreed terms. A 'grocery establishment' is a store that mainly sells food and is over 15,000 square feet. The 'incumbent grocery employer' refers to the current owner before the transfer, while 'successor grocery employer' is the new owner. A 'transfer document' is the agreement that officially changes ownership or control.

For purposes of this part, the following definitions shall apply:
(a)CA Labor Code § 2502(a) “Change in control” means any sale, purchase, assignment, acquisition, transfer, contribution, or other disposition of all or substantially all of the assets, cash on hand, or a controlling interest, including by consolidation, merger, or reorganization, of or by 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)CA Labor Code § 2502(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)CA Labor Code § 2502(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)CA Labor Code § 2502(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 distribution center owned and operated by a grocery establishment and used primarily to distribute goods to or from its owned stores shall be considered a grocery establishment, regardless of its square footage. A grocery establishment does not include a retail store that has ceased operations for 12 months or more.
(e)CA Labor Code § 2502(e) “Incumbent grocery employer” means the person that owns, controls, or operates the grocery establishment at the time of the change in control.
(f)CA Labor Code § 2502(f) “Job classification” means a system for categorizing certain duties into certain jobs.
(g)CA Labor Code § 2502(g) “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.
(h)CA Labor Code § 2502(h) “Successor grocery employer” means the person that owns, controls, or operates the grocery establishment after the change in control. A successor grocery employer may be the same entity as an incumbent employer when a change in control occurs but the covered employer remains the same.
(i)CA Labor Code § 2502(i) “Transfer document” means the purchase agreement or other document effecting the change in control.

Section § 2504

Explanation

This law requires a grocery store that is being taken over by new owners (the successor grocery employer) to get a list of all current eligible employees from the current owners (the incumbent grocery employer) within 15 days of the transfer. This list must include employee names, addresses, hire dates, job classifications, and contact info if available. If the original owners don't provide this information, the new owners can get it from a union representative.

The new owners must then use this list to offer job positions to these current employees for 90 days after they open the store to the public. Lastly, the new grocery store owners must keep a record of all job offers made to these employees for at least three years, including relevant details like names, addresses, hire dates, and job classifications.

(a)Copy CA Labor Code § 2504(a)
(1)Copy CA Labor Code § 2504(a)(1) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer and any collective bargaining representative the name, address, date of hire, employment occupation classification, and, if known, the cellular telephone number and email address of each eligible grocery worker.
(2)CA Labor Code § 2504(a)(2) If the incumbent grocery employer does not provide the information specified in paragraph (1) within 15 days, the successor grocery employer may obtain the information from a collective bargaining representative.
(b)CA Labor Code § 2504(b) The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer or collective bargaining representative pursuant to subdivision (a) and shall hire from that list for a period beginning upon the execution of the transfer document and continuing for 90 days after the grocery establishment is fully operational and open to the public under the successor grocery employer.
(c)CA Labor Code § 2504(c) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this part, the successor grocery employer shall retain written verification of that offer for at least three years after the date of the offer. The verification shall include the name, address, date of hire, and employment occupation classification of each eligible grocery worker.

Section § 2506

Explanation

This law requires a new grocery store owner (successor grocery employer) to keep existing grocery workers for at least 90 days after taking over the business. During this period, workers will maintain their jobs under the current terms set by the new owner or their collective bargaining agreement, if applicable.

If the new owner needs fewer workers than the previous owner, they must choose whom to keep based on seniority or experience, or follow any collective bargaining agreement.

The new owner cannot fire workers without a valid reason during these 90 days. After this period, they must evaluate each worker's performance in writing. If a worker's performance is satisfactory, the owner should consider keeping them on staff. These evaluations must be kept for three years.

(a)CA Labor Code § 2506(a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 90 days after the eligible grocery worker’s employment commencement date. During this 90-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any.
(b)CA Labor Code § 2506(b) If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any.
(c)CA Labor Code § 2506(c) During the 90-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part.
(d)CA Labor Code § 2506(d) At the end of the 90-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible grocery worker’s performance during the 90-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years.

Section § 2508

Explanation

This law requires that when a grocery store changes ownership, the current grocery employer (the seller) must post a public notice about the change within five business days after the transfer is finalized. This notice has to be visible at the store, even if it's temporarily closed, and remain there until the new owner is fully operational and open to the public.

The notice must include the names and contact information for both the current and new owners, along with the date the control changes hands. It has to be placed where grocery workers, employees, customers, and the public can easily see it.

(a)CA Labor Code § 2508(a) The incumbent grocery employer shall post public notice of the change in control at the location of the affected grocery establishment within five business days following the execution of the transfer document. Notice shall remain posted during any closure of the grocery establishment and until the grocery establishment is fully operational and open to the public under the successor grocery employer.
(b)CA Labor Code § 2508(b) Notice shall include, but not be limited to, the name of the incumbent grocery employer and its contact information, the name of the successor grocery employer and its contact information, and the effective date of the change in control.
(c)CA Labor Code § 2508(c) Notice shall be posted in a conspicuous place at the grocery establishment in a manner to be readily viewed by eligible grocery workers and other employees, customers, and members of the public.

Section § 2509

Explanation

This law protects employees from being punished by their employer for trying to enforce their employment rights. It applies to actions such as filing complaints, participating in legal proceedings, or opposing practices that violate their rights under this law. Even if an employee is mistaken, as long as they act in good faith, they are still protected.

An employer shall not refuse to employ, terminate, reduce the compensation of, or otherwise take adverse action against any employee for seeking to enforce their rights under this part, including participating in proceedings, opposing any practice prescribed by this part, or otherwise asserting rights under this part. This section applies to an employee who mistakenly, but in good faith, alleges noncompliance with this part.

Section § 2510

Explanation

This law allows an employee or their representative to take legal action in California's superior court if their employment rights have been violated. They can ask for remedies like job reinstatement, lost pay, and other benefits. Punitive damages and attorney fees might also be awarded. Before suing, the employee must notify the employer and give them 33 days to fix the issue.

The Labor Commissioner can step in to enforce these rights, investigate complaints, and issue penalties. Employers breaking the law may face financial penalties, which can be paid out to affected employees. The law outlines specific penalties for each day a violation continues.

The Commissioner can also make rules to ensure this law is carried out effectively, and courts can order temporary and permanent fixes for violations while legal actions are happening.

(a)CA Labor Code § 2510(a) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the State of California for violations of this part and may be awarded the following:
(1)CA Labor Code § 2510(a)(1) Hiring and reinstatement rights pursuant to this part. For violations of the retention provision, the 90-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer.
(2)CA Labor Code § 2510(a)(2) Front pay or back pay for each day during which the violation continues.
(3)CA Labor Code § 2510(a)(3) The value of the benefits the employee would have received under any benefit plans.
(4)CA Labor Code § 2510(a)(4) Punitive damages pursuant to Section 3294 of the Civil Code.
(5)CA Labor Code § 2510(a)(5) The court may award reasonable attorney’s fees and costs to any employee or employee representative who prevails in an enforcement action.
(b)CA Labor Code § 2510(b) Before an employee or an employee representative brings an action in the superior court of the State of California for a violation of this part, both of the following requirements shall be met:
(1)CA Labor Code § 2510(b)(1) The employee has provided written notice to the employer of the provisions of this part alleged to have been violated and the facts to support the alleged violation.
(2)CA Labor Code § 2510(b)(2) The employer has not cured the alleged violation within 33 days from receipt of the written notice.
(c)CA Labor Code § 2510(c) The Labor Commissioner may enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of an investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates this section or by filing a civil action.
(d)CA Labor Code § 2510(d) The Labor Commissioner may recover the following remedies on behalf of an aggrieved employee:
(1)CA Labor Code § 2510(d)(1) Hiring and reinstatement rights pursuant to this chapter. For violations of the retention provision, the 90-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer.
(2)CA Labor Code § 2510(d)(2) Front pay or back pay for each day during which the violation continues.
(3)CA Labor Code § 2510(d)(3) The value of the benefits the employee would have received under any benefit plans.
(e)CA Labor Code § 2510(e) An employer, agent of an employer, or other person who violates this part or causes a violation of this part may be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated. An additional amount payable as liquidated damages in the amount of one hundred dollars ($100) per employee, for each day the rights of an employee under this part are violated and continuing until the violation is cured, not to exceed one thousand dollars ($1,000) per employee, which may be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages.
(f)CA Labor Code § 2510(f) Citation procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.
(g)CA Labor Code § 2510(g) In an action brought by the Labor Commissioner for enforcement of this section, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees. In a civil action, the Labor Commissioner may also recover all remedies set forth in subdivision (d).
(h)CA Labor Code § 2510(h) In an administrative or civil action brought under this section, the Labor Commissioner or court shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code.
(i)CA Labor Code § 2510(i) The remedies, penalties, and procedures provided under this section are cumulative.
(j)CA Labor Code § 2510(j) The Labor Commissioner may promulgate and enforce rules and regulations and issue determinations and interpretations consistent with and necessary for the implementation of this section.

Section § 2512

Explanation

This law says that employers and employees can agree, through collective bargaining, to replace some or all of the rules in this part of the law. However, the agreement must clearly and specifically state which rules are being replaced.

Parties subject to this part may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this part, in whole or in part, but only if the agreement explicitly sets forth in clear and unambiguous terms the requirements of this part that are superseded.

Section § 2516

Explanation

This law section states that certain rules do not apply to new grocery stores in areas identified as food deserts by the USDA. These exceptions are available if no new grocery store has opened there in over six years. Additionally, these stores must offer fresh fruits and vegetables that are similar in quantity and quality to what's available in their nearest locations outside the food desert.

This part shall not apply to grocery establishments that will be located in geographic areas designated by the United States Department of Agriculture as a food desert, based on the original food desert measure contained in the Food Access Research Atlas, provided that both of the following apply:
(a)CA Labor Code § 2516(a) More than six years have elapsed since the most recent grocery establishment was located in the area designated as a food desert.
(b)CA Labor Code § 2516(b) The grocery establishment stocks and during normal business hours sells fresh fruit and vegetables in amounts and of a quality that is comparable to what the establishment sells in its three geographically closest stores, which are located outside of the food desert.

Section § 2517

Explanation

This section specifies that if a grocery store changes ownership, the rules discussed here won't apply if the total number of grocery employees from both the old and new owners is less than 300 nationwide. To calculate this number, you add up the employees from both owners just before the ownership change. Additionally, grocery establishments and workers include those in any U.S. state, not just California.

(a)CA Labor Code § 2517(a) This part shall not apply to an incumbent grocery employer and the successor grocery employer executing the transfer document with that incumbent grocery employer, if the sum of both of the following is less than 300:
(1)CA Labor Code § 2517(a)(1) The number of grocery workers employed, immediately prior to the change in control, by the incumbent grocery employer across that employer’s grocery establishments nationwide.
(2)CA Labor Code § 2517(a)(2) The number of grocery workers employed, immediately prior to the change in control, by the successor grocery employer across that employer’s grocery establishments nationwide.
(b)CA Labor Code § 2517(b) Notwithstanding any law, and for purposes of this section only, the following definitions apply:
(1)CA Labor Code § 2517(b)(1) “Grocery establishment” as used in this section has the same meaning as defined in Section 2502, but shall also include grocery establishments in other states in the United States.
(2)CA Labor Code § 2517(b)(2) “Grocery worker” as used in this section means any individual whose primary place of employment is at a grocery establishment that is owned, controlled, or operated by the incumbent or successor grocery employer, as applicable.

Section § 2518

Explanation

This section makes it clear that eligible grocery workers can still file a lawsuit if they believe they were wrongfully fired, and nothing in this part of the law takes away that right.

This part shall not be construed to limit an eligible grocery worker’s right to bring legal action for wrongful termination.

Section § 2520

Explanation

This law allows local governments like cities and counties to have their own rules that offer the same or better protection for grocery workers, even if those rules are different from state law.

This part does not preempt any city, county, or city and county ordinances that provide equal or greater protection to eligible grocery workers.

Section § 2522

Explanation

This law says that if one part of the law is found to be invalid or unenforceable, the rest of the law still stands. Invalidity in one area doesn't affect the ability to enforce the remaining sections.

The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.