(a) As used in this Article: Awarding authority means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the County. Awarding authority includes the County, but does not include a Federal, State, or municipal government, or a common ownership community, as defined in Section 10B-2(b). Contractor means any person, including a subcontractor, which enters into a service contract to be performed in the County and employs more than 20 service employees in the entire company. Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee. Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract. Service contract means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, food preparation, or non-professional health care services in a facility located in the County which is used as a: (1) private school; (2) hospital, nursing care facility, or other health care provider; (3) institution, such as a museum, convention center, arena, airport, or music hall; (4) multi-family residential building or complex with more than 30 units; or (5) commercial building or office building occupying more than 75,000 square feet. Service contract also includes a contract awarded by the County for residential solid waste, recycling, or yard waste collection and disposal. Service employee means an individual employed on a full or part-time basis by a contractor as a: (1) building service employee, including a janitor, security officer, groundskeeper, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer; (2) food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor; (3) non-professional employee performing health care or related service; or (4) a driver, helper, or mechanic performing services on a County contract for residential solid waste, recycling, or yard waste collection and disposal. Service employee does not include: (1) a managerial or confidential employee; (2) an employee who works in an executive, administrative, or professional capacity; (3) an employee who earns more than $30 per hour; or (4) an employee who is regularly scheduled to work less than 10 hours per week. Successor contractor means a contractor that: (1) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days; (2) has purchased or acquired control of a property located in the County where service employees were employed at any time during the previous 90 days; or (3) terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar, within 90 days after a service contract is terminated or cancelled. (b) This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor.

(a) Awarding authority. At least 15 days before a service contract is terminated, an awarding authority must: (1) request the terminated contractor to give the successor contractor a complete list of the name, date of hire, and job classification of each service employee working on the service contract; (2) give the successor contractor a complete list of the name, date of hire, and job classification of each service employee of the terminated contractor working on the service contract; (3) notify the collective bargaining representative, if any, of the affected service employees of the pending termination of the service contract; and (4) ensure that the terminated contractor conspicuously posts, at any affected work site, a written notice to all affected service employees describing the pending termination of the service contract and the employee rights provided by this Article. (5) Where the County is the awarding authority in this Section: (A) terminated or cancelled means a termination for default, termination for convenience, or mutual termination as defined in Chapter 11B and the County procurement regulations; and (B) this Section does not apply to a County service contract awarded by an emergency procurement or direct purchase as defined in Chapter 11B and the County procurement regulations. (b) Successor contractor. (1) Subject to paragraphs (3) and (4), each successor contractor must offer to retain each affected service employee at an affected site for 90 days or until the successor contract is terminated, whichever is earlier. (2) Each successor contractor must give each affected service employee a written offer of employment for the 90 day transition period and send a copy to the employee’s collective bargaining representative, if any. Each offer must: (A) state the date by which the service employee must accept the offer; and (B) allow the employee at least 10 days after receiving the notice to accept the offer. (3) Each successor contractor may: (A) offer employment to less than all of the affected service employees during the 90 day transition period if the successor contractor: (i) finds that fewer service employees are required to perform the work than the terminated contractor had employed; (ii) maintains a preferential hiring list of those employees not retained; and (iii) hires any additional service employees from the list until all affected service employees have been offered employment; and (B) refuse to retain a service employee who fails a pre-employment ineligibility test administered by the successor contractor if the successor contractor: (i) routinely requires all service employees to undergo the ineligibility test as a condition of employment; and (ii) adopted the ineligibility test as part of a written employment policy prior to bidding on the successor contract. (4) Notwithstanding any other provision in this Subsection, a successor contractor awarded a County contract for residential solid waste, recycling, or yard waste collection and disposal must offer employment to the affected service employees during the 90 day transition period only to the extent the successor contractor needs to hire new employees to perform work on the contract. (5) Each successor contractor must not discharge a service employee retained under this Section without just cause during the transition period.

A service employee who was not offered employment or who was discharged during the transition period in violation of this Article, may file a complaint with the Director under Section 27-7.