Section 2502 Of Part 9.5. Grocery Workers From California Labor Code >> Division 2. >> Part 9.5.
2502
. 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.