(a) This section shall not apply to:
(1) Eligible employees otherwise covered by § 32-102; or
(2) Eligible or retained employees who work at restaurants, taverns, brew pubs, nightclubs, or clubs unless the change in controlling interest or identity of an employer would have no demonstrable change to its operations.
(b) Except as provided in subsection (a) of this section, the requirements of § 32-111.02 shall apply to a new employer.
(c)(1) A new employer shall retain any:
(A) Eligible employee reinstated pursuant to § 32-111.02 for a 90-day transition period beginning on the date the eligible employee is reinstated; and
(B) Retained employee who agrees to remain employed by the new employer for a 90-day transition period beginning on the date of the change in controlling interest or identity of the employer.
(2) Except as provided in paragraph (5) of this subsection, the new employer shall not discharge a retained employee or an eligible employee reinstated pursuant to § 32-111.02 during the 90-day transition period without cause.
(3) At the end of the 90-day transition period, the new employer shall perform a written performance evaluation for each retained employee and each eligible employee reinstated pursuant to § 32-111.02, and if the retained employee's or eligible employee's performance during the 90-day transition period was satisfactory, the new employer shall offer the retained employee or eligible employee continued employment under the terms and conditions established by the new employer.
(4)(A) Beginning on February 1, 2021, an employer that anticipates a change in controlling interest or the identity of the employer, shall, no later than 15 calendar days before the anticipated date of the change in controlling interest or the identity of the employer, provide the following notice:
(i) To all parties to the transaction that results in the change in controlling interest or the identity of the employer, notice of the name, last known address, date of hire, position, and text or telephone contact information of each eligible employee;
(ii) To retained employees and eligible employees, notice that the employer is experiencing or anticipates a change in controlling interest or identity of the employer and of an employee's right to reinstatement or retention under this section; and
(iii) To any labor organization that represents the employer's retained employees or eligible employees, the notices specified in sub-subparagraphs (i) and (ii) of this subparagraph.
(B) The new employer shall provide the notice required pursuant to subparagraph (A)(ii) of this paragraph by:
(i) Posting the notice on the premises of the covered establishment in the same place and manner as other statutorily-required notices, unless the covered establishment is no longer operating; and
(ii) By texting, emailing, or mailing to the last known address the notice to all eligible employees.
(5) If at any time, a new employer determines that fewer employees are required to work at the covered establishment than the number required before the change in controlling interest or identity of the employer, the new employer shall retain employees by seniority within job classification; provided, that if the new employer is a restaurant, tavern, brew pub, nightclub, or club, the new employer shall not be required to utilize seniority.
(Apr. 26, 1994, D.C. Law 10-105, § 203; as added Apr. 27, 2021, D.C. Law 23-281, § 2(c), 68 DCR 001177.)
For temporary (90 days) creation of, see § 2 of Displaced Workers Right to Reinstatement and Retention Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-69, May 3, 2021, 68 DCR 004914).
For temporary (90 days) creation of this section, see § 2(c) of Displaced Workers Right to Reinstatement and Retention Emergency Amendment Act of 2020 (D.C. Act 23-605, Jan. 13, 2021, 68 DCR 001213).
Structure District of Columbia Code