BILL NUMBER: AB 897	CHAPTERED
	BILL TEXT

	CHAPTER  305
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2015
	PASSED THE SENATE  AUGUST 31, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2015
	AMENDED IN SENATE  AUGUST 20, 2015
	AMENDED IN ASSEMBLY  MAY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 26, 2015

   An act to amend Section 2502 of the Labor Code, as added by
Section 1 of Chapter 212 of the Statutes of 2015, relating to grocery
workers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 897, Gonzalez. Grocery workers.
   Existing law regulates various aspects of the workplace and
employee safety and health.
   Chapter 212 of the Statutes of 2015, which will become operative
on January 1, 2016, will, upon a change in control of a grocery
establishment, require an incumbent grocery employer to prepare a
list of specified eligible grocery workers for a successor grocery
employer and would require the successor grocery employer to hire
from this list during a 90-day transition period. Chapter 212 of the
Statutes of 2015 defines a "grocery establishment" to mean a retail
store in this state that is over 15, 000 square feet in size and that
sells primarily household foodstuffs for offsite consumption, as
specified.
   This bill additionally would include in that definition that a
grocery establishment does not include a retail store that has ceased
operations for 6 months or more.
   This bill would incorporate changes to Section 2502 of the Labor
Code, as added by Section 1 of Chapter 212 of the Statutes of 2015,
that would become operative only if the earlier chaptered bill
becomes operative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2502 of the Labor Code, as added by Section 1
of Chapter 212 of the Statutes of 2015, is amended to read:
   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.
  SEC. 2.  Section 1 of this bill incorporates amendments to Section
2502 of the Labor Code, as added by Section 1 of Chapter 212 of the
Statutes of 2015. Section 1 of this bill shall become operative only
if Chapter 212 of the Statutes of 2015 becomes operative.