030122-ORD-18.sr&att.pdf — Long Beach City Council, March 1, 2022

A
20- 02705 01363052.DOCX

OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Writer’s Direct Dial: (562) 570-2218
Facsimile: (562) 570-2232
E-Mail: [email protected]
CHAR

LES PARKIN
City Attorney
March 1, 2022
GARY J. ANDERSON
Assistant City Attorney
DAWN A. MCINTOSH
Assistant City Attorney
HO

NORABLE MAYOR AND CITY

COUNCIL
City of Long Beach
California
RE
COMMENDATION:

Declare Ordinance amending the Long Beach Municipal Code by amending and restating Chapter 5.53, and by repealing Section 5.53.090, relating to COVID-19 Worker Retention, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)

DISCUSSION
Per the City Council’s request on February 15, 2021, we have prepared the attached Ordinance amending the Long Beach Municipal Code by amending and restating Chapter 5.53, relating to COVID-19 Worker Retention, for the Council’s review and approval.

SUGGESTED ACTION:

Approve recommendation.

Respectfully submitted,
CHARLES PARKIN, City Attorney
By
Gary J. Anderson
Assistant City Attorney
GJA:kfa
ATTACHMENT: CITY COUNCIL ORDINANCE
ORD-18

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH

MUNICIPAL CODE BY AMENDING AND RESTATING
CHAPTER 5.53, AND REPEALING SECTION 5.53.090,
RELATING TO COVID-19 WORKER RETENTION
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19 (also known as the “Coronavirus”); and
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency (Executive Order N-25-20) in California based on the threats to public health caused by COVID-19; and
WHEREAS, on March 4, 2020, after deep concern by the World Health Organization and the Federal government, and as a result of the need to proactively slow the spread of, and combat, COVID-19 in the City of Long Beach, the City Public Health Officer issued a Declaration of Local Health Emergency and the Acting City Manager issued a Proclamation of Local Emergency; and
WHEREAS, on March 10, 2020, the City Council of the City of Long Beach recognized that an emergency did exist and unanimously passed a Resolution ratifying the City Manager’s Proclamation of a Local Emergency and the Public Health Officer’s Declaration of Local Health Emergency; and
WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a National Emergency as a result of COVID-19; and WHEREAS, on March 24, 2020, in order to mitigate the effects of COVID-

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 19 within the City, the Long Beach Health Officer issued the “Safer at Home” Order to control the affects and spread of COVID-19 and has thereafter issued several new and revised Health Orders in response to COVID-19 variants and surges; and WHEREAS, in response to the COVID-19 pandemic City Council adopted an ordinance on May 19, 2020 adding Chapter 5.53 to the Long Beach Municipal Code requiring certain businesses in Long Beach to comply with citywide worker retention provisions applicable to an employer’s change of ownership or control, resulting from COVID-19; and
WHEREAS, COVID-19 daily cases and community transmission remain high. As of February 14, 2022, the 7-day daily average case rate is 42.8 cases per 100,000 people. This is remains much higher than 13.9 cases per 100,000 people as of December 10, 2021. This indicates a continued and high risk of COVID-19 infection for those who are not or cannot be vaccinated against COVID-19; and WHEREAS, based upon Centers for Disease Control and Prevention (CDC) indicators and thresholds, this means that community transmission of COVID-19 within the County of Los Angeles and the City of Long Beach is high; and WHEREAS, it has become clear that the approach of re-evaluating the ordinance every 90 days is only adding uncertainty to an already uncertain situation for workers and ownership in the hotel and janitorial industry; and WHEREAS, making Right to Retention permanent will strengthen Long Beach’s economic development strategy and economic recovery in the event of a future pandemic or economic recession; and
WHEREAS, Right to Retention will preserve job quality in the hospitality and janitorial industries, which are two industries related to tourism that Long Beach has invested over $750 million dollars in over the last few decades; and WHEREAS, better jobs in the hospitality and janitorial industries means more access to good jobs for Long Beach residents; and
WHEREAS, Right to Retention policies would preserve job equity as

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 workers in the hospitality and janitorial industries, the majority of whom are women and workers of color, have pushed for decades to transform jobs in the hospitality and janitorial industries into dignified jobs that can support a family; and WHEREAS, Right to Retention is beneficial to local businesses seeking to rehire a skilled and trained workforce; and
WHEREAS, Right to Retention can reduce onboarding and training costs for businesses seeking to rehire or retain a skilled and qualified workforce; and WHEREAS, several neighboring cities in Los Angeles County have made Right to Recall and Retention ordinances polices permanent for workers in their hospitality industries, including Santa Monica, West Hollywood, and Glendale; and WHEREAS, now the City Council desires to amend Chapter 5.53 and make Chapter 5.53 permanent to provide certainty and security to workers in high contact, high-risk industries;
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:

Section 1. Chapter 5.53 of the Long Beach Municipal Code is amended and restated as follows:

CHAPTER 5.53
COVID-19 CITYWIDE WORKER RETENTION

5.53.010 Purpose.

As a result of the COVID-19 pandemic, many workers in the City of Long Beach are facing significant job and economic insecurity. The COVID- 19 pandemic has caused hospitality and janitorial service employers in the City to discharge, layoff and furlough workers at a massive scale. Many hotel and janitorial service workers have been separated from their jobs as a result of the pandemic, and thousands more are still experiencing economic hardship. This has caused a sense of uncertainty with these workers. While federal, state and local programs, and efforts by certain non-

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 profits, have provided some support to hotel and janitorial service workers in the short-term, what these workers need most is the continuing opportunity of retaining their jobs during business transfers of ownership. To ensure fair employment practices, provide some security during times of economic upheaval and protect against dangers posed by future pandemics, including future COVID -19 variants and surges, the City hereby enacts legal protections for workers when a business changes ownership.

5.53.020 Definitions.

The following definitions shall apply to this Chapter:

A. “Business” means a Hotel or Commercial Property Business.

B. “Change in Control” means any sale, assignment, transfer, bankruptcy, contribution, or other disposition of all or substantially all of the assets used in the operation of a Business, or a discrete portion of a Business that continues to operate as the same type of Business of the Incumbent Business Employer, or any Person who controls the Incumbent Business Employer.

C. “City” means the City of Long Beach.

D. “Commercial Property Business” means non-residential property in the City that provides janitorial services and employs twenty-five (25) or more employees.

E. “Employment Commencement Date” means the date on which a Worker retained by a Successor Business Employer pursuant to this Ordinance commences work for the Successor Business Employer in exchange for compensation under terms and conditions established by the Successor Business Employer or as required by law.

F. “Hotel” has the same meaning as in Section 9.02.080 of the Long Beach Municipal Code. This Chapter only applies to hotels with

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 twenty-five (25) or more employees who provide services in conjunction with the hotel’s purpose.

G. “Incumbent Business Employer” means the Person who owns, controls, subcontracts or operates a Hotel or Commercial Property Business prior to the Change in Control.

H. “Length of Service” means the total of all periods of time during which a Worker has been in active service, including periods of time when the Worker was on leave or vacation.

I. “Person” means an individual, corporation, partnership, limited partnership, limited liability company, business trust, estate, trust, association joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

J. “Successor Business Employer” means the Person who owns controls, and/or operates a Business after a Change in Control.

K. “Transfer Document” means the purchase agreement or other documents creating a binding arrangement to effect the Change in Control.

L. “Worker” means an individual employed by the Incumbent Business Employer who performs work at a Hotel or Commercial Property Business and: (1) who has a Length of Service with the Incumbent Business Employer for six (6) months or more; (2) whose primary place of employment is a Business subject to a Change in Control; (3) who is employed or contracted to perform work functions directly by the Incumbent Business Employer, or by a Person who has contracted with the Incumbent Business Employer to provide services at the Business subject to the Change in Control; and (4) who worked for the Incumbent Business Employer on or after March 4, 2020, and prior to the execution of the Transfer Document. “Worker” does not include a person employed as a manager, supervisor, or confidential employee.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802

5.53.030 Business worker retention.

A. Business Employer’s Responsibilities.

1. The Incumbent Business Employer shall, within fifteen (15) days after execution of a Transfer Document, provide to the Successor Business Employer the name, address, date of hire, and occupation classification of each Worker.

2. The Successor Business Employer shall maintain a
preferential hiring list of Workers identified by the Incumbent Business Employer as set forth in Subsection A.1 of this Section, and shall be required to hire from that list for a period beginning upon the execution of the Transfer Document and continuing for six (6) months after the Business is open to the public under the operation of the Successor Business Employer.

3. If the Successor Business Employer extends an offer of employment to a Worker, the Success Business Employer shall retain written verification of that offer for no fewer than three (3) years from the date the offer was made. The verification shall include the name, address, date of hire, and occupation classification of each Worker.

B. Transition employment period.

1. A Successor Business Employer shall retain each
Worker hired pursuant to this Chapter for no fewer than ninety (90) days following the Worker’s Employment Commencement Date. During the ninety (90)-day transition employment period, a Worker shall be employed under reasonable terms and conditions of employment or as required by law. The Successor Business Employer shall provide a Worker with a written offer of employment. This offer shall remain open for at least five (5) business days from the date of the offer.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802

2. If, within the period established by Section A.2, the Successor Business Employer determines that it requires fewer Workers than were required by the Incumbent Business Employer, the Successor Business Employer shall offer the position to the Worker in the same occupational classification with the greatest Length of Service with the Incumbent Business Employer.

3. During the ninety (90)-day transition employment
period, the Successor Business Employer shall not discharge without cause a Worker retained pursuant to this Chapter.

4. At the end of the ninety (90)-day transition employment period, the Successor Business Employer shall perform a written performance evaluation for each Worker retained pursuant to this Ordinance. If the Worker’s performance during the ninety (90)-day transition employment period is satisfactory, the Successor Business Employer shall consider offering the Worker continued employment under the terms and conditions established by the Successor Business Employer or as required by law. The Successor Business Employer shall retain a record of the written performance evaluation period of no fewer than three years.

C. Notice of change in control.

1. The Incumbent Business Employer shall post written
notice of the Change in Control at the location of the affected Business within five (5) business days following the execution of the Transfer Document. Notice shall remain posted during any closure of the Business and for six (6) months after the Business is open to the public under the Successor Business Employer.

2. Notice shall include, but not be limited to, the name of the Incumbent Business Employer and its contact information, the name of

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 the Successor Business Employer and its contact information, and the effective date of the Change in Control.

3. Notice shall be posted in a conspicuous place at the Business so as to be readily viewed by Workers, other employees, and applicants for employment.

5.53.040 Enforcement.

A. A Worker may bring a private right of action in the Superior Court of the State of California against an Incumbent Business Employer or the Successor Business Employer for violations of this Chapter and may be awarded:

1. Hiring and reinstatement rights pursuant to this
Chapter. For a Worker, the ninety (90)-day transition employment period begins on the Worker’s Employment Commencement Date with the Successor Business Employer.

2. Front or back pay for each day the violation continues, which shall be calculated at a rate of compensation not less than the higher of:
a. The average regular rate of pay received by the
Worker during the last three (3) years of the Worker’s employment in the same occupation classification; or
b. The most recent regular rate of pay received by
the Worker while employed by either the Business, Incumbent Business Employer, or the Successor Business Employer.

3. Value of the benefits the Worker would have received under the Successor Business Employer’s benefits plan.

B. A civil action brought by a Worker alleging a violation of any provision of this Chapter shall commence only after the following

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 requirements have been met:

1. The Worker provides written notice to the Incumbent
Business Employer and/or the Successor Business Employer of the provisions of this Chapter alleged to have been violated and the facts supporting the alleged violation; and

2. The Incumbent Business Employer and/or the
Successor Business Employer is provided fifteen (15) days from receipt of the written notice to cure any alleged violation.

C. The Court shall award reasonable attorneys’ fees and costs to a Worker who prevails in any such enforcement action or to a Business Employer who prevails and obtains a court determination that the Worker’s lawsuit was frivolous.

D. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this Chapter.

5.53.050 Retaliatory action prohibited.

No Incumbent or Successor Business Employer employing a Worker shall discharge, reduce in compensation, or otherwise discriminate against any Worker for opposing any practice proscribed by this Chapter, for participating in proceedings related to this Chapter, for seeking to exercise their rights under this Chapter by any lawful means, or for otherwise asserting rights under this Chapter.

5.53.060 Exemption for collective bargaining agreement.

All of the provisions of this Chapter, or any part thereof, may be expressly waived in a collective bargaining agreement, but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute a waiver of all or any of the provisions of this Chapter.

5.53.070 No waiver of rights.

Except for a collective bargaining agreement provision made pursuant to Section 5.543.060, any waiver by a Worker of any or all provisions of this Chapter shall be deemed contrary to public policy and shall be void and unenforceable. Other than in connection with the bona fide negotiation of a collective bargaining agreement, any request by an Employer to a Worker to waive rights given by this Chapter shall be a violation of this Chapter.

5.53.080 Severability.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 2. Section 5.53.090 of the Long Beach Municipal Code is hereby repealed.
//
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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Section 3. The City Clerk shall certify to the passage of this ordinance by the City Council and shall cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ________________, 2022 by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

City Clerk Approved: (Date) Mayor

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH

MUNICIPAL CODE BY AMENDING AND RESTATING
SECTION 5.53.010 AND CHAPTER 5.53, AND BY
REPEALING SECTION 5.53.090, ADDING CHAPTER 5.53,
RELATING TO COVID-19 WORKER RETENTION;
DECLARING THE URGENCY THEREOF; AND DECLARING

THAT THIS ORDINANCE SHALL TAKE EFFECT

IMMEDIATELY
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19 (also known as the “Coronavirus”); and
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency (Executive Order N-25-20) in California based on the threats to public health caused by COVID-19; and
WHEREAS, on March 4, 2020, after deep concern by the World Health Organization and the Federal government, and as a result of the need to proactively slow the spread of, and combat, COVID-19 in the City of Long Beach, the City Public Health Officer issued a Declaration of Local Health Emergency and the Acting City Manager issued a Proclamation of Local Emergency; and
WHEREAS, on March 10, 2020, the City Council of the City of Long Beach recognized that an emergency did exist and unanimously passed a Resolution ratifying the City Manager’s Proclamation of a Local Emergency and the Public Health Officer’s Declaration of Local Health Emergency; and
WHEREAS, on March 11, 2020, the World Health Organization declared

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 the COVID-19 a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a National Emergency as a result of COVID-19; and WHEREAS, on March 19, 2020, the Governor of the State of California issued an Order (Executive Order N-33-20) that all individuals living in California stay home or at their place of residence, except as needed to maintain continuity of operations for certain critical infrastructure sectors, to protect the public health of Californians, to mitigate the impact of COVID-19, and to ensure the healthcare delivery system is capable of serving all; and
WHEREAS, on March 24, 2020, in order to mitigate the effects of COVID- 19 within the City, the Long Beach Health Officer issued the “Safer at Home” Order to control the affects and spread of COVID-19 and has thereafter issued several new and revised Health Orders in response to CovidCOVID-19 variants and surges; and WHEREAS, it is the desire of the in response to the CovidCOVID-19 pandemic City Council to adopted an ordinance on May 1219, 2020 adding a Chapter

5.53 to the Long Beach Municipal Code requiring certain businesses in Long Beach to comply with citywide worker retention provisions applicable to an employer’s change of ownership or control, resulting from COVID-19; and
WHEREAS, COVID-19 daily cases and community transmission remain high. As of February 14, 2022, the 7-day daily average case rate is 42.8 cases per 100,000 people. This is remains much higher than 13.9 cases per 100,000 people as of December 10, 2021. This indicates a continued and high risk of COVID-19 infection for those who are not or cannot be vaccinated against COVID-19; and WHEREAS, Bbased upon Centers for Disease Control and Prevention (CDC) indicators and thresholds, this means that community transmission of COVID-19 within the County of Los Angeles and the City of Long Beach is high; and WHEREAS, it has become clear that the approach of re-evaluating the ordinance every 90 days is only adding uncertainty to an already uncertain situation for

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 workers and ownership in the hotel and janitorial industry; and WHEREAS, making Right to Recall andRetention permanent will strengthen Long Beach’s economic development strategy and economic recovery in the event of a future pandemic or economic recession; and
WHEREAS, Right to Recall andRetention will preserve job quality in the hospitality and janitorial industries, which are two industries related to tourism that Long Beach has invested over $750 million dollars significantly in over the last few decades; and
WHEREAS, better jobs in the hospitality and janitorial industries means more access to good jobs for Long Beach residents; and
WHEREAS, Right to Recall andRetention policies would preserve job equity as workers in the hospitality and janitorial industries, the majority of whom are women and workers of color, have pushed for decades to transform jobs in the hospitality and janitorial industries into dignified jobs that can support a family; and WHEREAS, Right to Recall andRetention is beneficial to local businesses seeking to rehire a skilled and trained workforce; and
WHEREAS, Right to Recall andRetention can reduce onboarding and training costs for businesses seeking to rehire or retain a skilled and qualified workforce; and
WHEREAS, several neighboring cities in Los Angeles County have made Right to Recall and Retention ordinances polices permanent for workers in their hospitality industries, including Santa Monica, West Hollywood, and Glendale; and WHEREAS, now the City Council desires to amend Chapter 5.53 and make Chapter 5.53 permanent to provide certainty and security to workers in high contact, high-risk industries;.

NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:

Section 1. Chapter 5.53 of Tthe Long Beach Municipal Code is amended

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 by amending adding Chapter 5.53 to read and restated as follows:

CHAPTER 5.53
COVID-19 CITYWIDE WORKER RETENTION

5.53.010 Purpose.

As a result of the COVID-19 pandemic and “Stay at Home” order issued by California Governor Gavin Newsom and the “Safer at Home” order issued by City of Long Beach, issued to protect the public health and welfare, many workers in the City of Long Beach are facing significant job and economic insecurity. The COVID-19 pandemic has caused hospitality and janitorial service employers in the City to discharge, layoff and furlough workers at a masssive scale. Many hotel and janitorial service workers have been separated from their jobs as a result of already during the pandemic, and thousands more are still experiencing economic hardship.expected to face separation in the coming months . This has caused a sense of uncertainty with these workers. While federal, state and local programs, and efforts by certain non-profits, have provided some support to hotel and janitorial service workers in the short-term, what these workers need most is the continuing opportunity of retaining their jobs during business transfers of ownership. To ensure fair employment practices, provide some security during thetimes of economic upheaval and protect against dangers posed by future resulting from the pandemics, including future COVID -19 variants and surges, and to reduce the demand on government-funded social services, the City hereby enacts legal protections for workers when a business changes ownership., until such time the City Council decides the ordinance is no longer necessary.

5.53.020 Definitions.

The following definitions shall apply to this Chapter:

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 A. “Business” means a Hotel or Commercial Property Business.

C. “City” means the City of Long Beach.

D. “Commercial Property Business” means non-residential property in the City that provides janitorial services and employs twenty-five (25) or more employees.

F. “Hotel” has the same meaning as in Section 9.02.080 of the Long Beach Municipal Code. This Chapter only applies to hotels with twenty-five (25) or more employees who provide services in conjunction with the hotel’s purpose.

G. “Incumbent Business Employer” means the Person who owns, controls, subcontracts or operates a Hotel or Commercial Property Business prior to the Change in Control.

H. “Length of Service” means the total of all periods of time during which a Worker has been in active service, including periods of time when the Worker was on leave or vacation.

I. “Person” means an individual, corporation, partnership, limited partnership, limited liability company, business trust, estate, trust,

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 association joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

J. “Successor Business Employer” means the Person who owns controls, and/or operates a Business after a Change in Control.

K. “Transfer Document” means the purchase agreement or other documents creating a binding arrangement to effect the Change in Control.

5.53.030 Business worker retention.

A. Business Employer’s Responsibilities.

2. The Successor Business Employer shall maintain a
preferential hiring list of Workers identified by the Incumbent Business Employer as set forth in Subsection A.1 of this Section, and shall be

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 required to hire from that list for a period beginning upon the execution of the Transfer Document and continuing for six (6) months after the Business is open to the public under the operation of the Successor Business Employer.

B. Transition employment period.

3. During the ninety (90)-day transition employment
period, the Successor Business Employer shall not discharge without cause a Worker retained pursuant to this Chapter.

4. At the end of the ninety (90)-day transition employment

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 period, the Successor Business Employer shall perform a written performance evaluation for each Worker retained pursuant to this Ordinance. If the Worker’s performance during the ninety (90)-day transition employment period is satisfactory, the Successor Business Employer shall consider offering the Worker continued employment under the terms and conditions established by the Successor Business Employer or as required by law. The Successor Business Employer shall retain a record of the written performance evaluation period of no fewer than three years.

C. Notice of change in control.

2. Notice shall include, but not be limited to, the name of the Incumbent Business Employer and its contact information, the name of the Successor Business Employer and its contact information, and the effective date of the Change in Control.

3. Notice shall be posted in a conspicuous place at the Business so as to be readily viewed by Workers, other employees, and applicants for employment.

5.53.040 Enforcement.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 awarded:

3. Value of the benefits the Worker would have received under the Successor Business Employer’s benefits plan.

B. A civil action brought by a Worker alleging a violation of any provision of this Chapter shall commence only after the following requirements have been met:

2. The Incumbent Business Employer and/or the
Successor Business Employer is provided fifteen (15) days from receipt of the written notice to cure any alleged violation.

C. The Court shall award reasonable attorneys’ fees and costs to a Worker who prevails in any such enforcement action or to a Business

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Employer who prevails and obtains a court determination that the Worker’s lawsuit was frivolous.

D. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this Chapter.

5.53.050 Retaliatory action prohibited.

5.53.060 Exemption for collective bargaining agreement.

Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute a waiver of all or any of the provisions of this Chapter.

5.53.070 No waiver of rights.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Employer to a Worker to waive rights given by this Chapter shall be a violation of this Chapter.

5.53.080 Severability.

5.53.090 City Manager report.

Following adoption of this Chapter, and every ninety (90) days thereafter, City Manager shall report back to the City Council and Mayor on the effectiveness of the provisions of this Chapter in protecting workers when a business changes ownership, recommendations for additional protections that further the intent of this Chapter, and whether the provisions of this Chapter are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic.

Section 2. Section 5.53.090 of the Long Beach Municipal Code is hereby repealed.

This is an emergency measure and is urgently required for the reasons identified in Section 5.53.010, Purpose. On that basis this ordinance shall be passed as an emergency measure, to take effect immediately.

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Pursuant to Section 211 of the City Charter, this ordinance is an emergency ordinance duly adopted by the City Council by a vote of five (5) of its members and shall take effect immediately. The City Clerk shall certify to a separate roll call and vote on the question of the emergency of this ordinance and to its passage by the vote of five (5) members of the City Council of the City of Long Beach, and cause the same to be posted in three (3) conspicuous places in the City of Long Beach, and it shall thereupon take effect and shall be operative immediately.

Section 3. This ordinance shall also be adopted by the City Council as a regular ordinance, to the end that in the event of any defect or invalidity in connection with the adoption of this ordinance as an emergency ordinance, the same shall, nevertheless, be and become effective on the thirty-first (31st) day after it is approved by the Mayor. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and shall cause it the same to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor..

I hereby certify that on a separate roll call and vote which was taken by the City Council of the City of Long Beach upon the questions of the emergency of this ordinance at its meeting of _________________, 2020, the ordinance was declared to be an emergency by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802

Absent: Councilmembers:

Recusal(s): Councilmembers:

I hereby further certify that thereafter, at the same meeting, upon a roll call and vote on adoption of the foregoing ordinance, it was adopted by the City Council of the City of Long Beach at its meeting of ________________, 2022 by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

I further certify that the foregoing ordinance was thereafter adopted on final reading of the City Council of the City of Long Beach at its meeting of ___________________, 2020, by the following vote:

Ayes: Councilmembers:

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OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

City Clerk Approved: (Date) Mayor

Long Beach City CouncilMarch 1, 2022

Long Beach City Council
March 1, 2022