Part 9.5Grocery Workers
Section § 2500
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.
Section § 2502
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.
Section § 2504
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.
Section § 2506
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.
Section § 2508
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.
Section § 2509
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.
Section § 2510
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.
Section § 2512
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.
Section § 2516
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.
Section § 2517
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.
Section § 2518
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.
Section § 2520
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.
Section § 2522
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.