Westchester County |
Code of Ordinances |
Part IV. OTHER LOCAL LAWS, ACTS AND RESOLUTIONS |
Chapter 580. DISPLACED SERVICE EMPLOYEES PROTECTION LAW |
§ 580.01. Definitions.
(1)
"Awarding authority" means any person that awards or enters into a service contract or subcontract to be performed in the County.
(2)
"Contractor" means any person, including a subcontractor, that enters into a m or in part in the County, provided the contractor more than 14 service employees anywhere in the States.
(3)
"County" means the County of Westchester.
(4)
"Covered location" means a:
(a)
Private school, college, or university;
(b)
Institution, such as a museum, convention center, arena, airport, or performance hall;
(c)
Multi-family residential building or complex with more than a hundred (100) units, except that it shall not include any complex where no individual building has more than six units; or
(d)
Commercial or office building or complex occupying more than 100,000 square feet.
(5)
"Employer" means any person who employs service employees at a covered location.
(6)
"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.
(7)
"Service contract" means a contract between an awarding authority and a contractor to provide security, janitorial, or building maintenance services at a covered location in the County.
(8)
"Service employee" means an individual employed as:
(a)
A building service employee, including a janitor, security officer, doorperson, building cleaner, janitor, porter, handyperson, superintendent, elevator operator, window cleaner, stationary fireperson, or building engineer who has been regularly assigned to a covered location on a full or part-time basis for at least ninety (90) days immediately preceding any transition in employment subject to this section but does not include:
(i)
A managerial or professional employee;
(ii)
An employee whose regular straight-time hourly wage is more than twenty-five dollars per hour; or
(iii)
An employee who is regularly scheduled to work less than 20 hours per week.
(9)
"Successor employer" means an employer that:
(a)
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; or
(b)
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
(c)
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.
( L.L. No. 5-2013, § 1 )