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(g) "Person" shall mean an individual, corporation, partnership, limited partnership, trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. (h) "Qualified displaced worker" shall mean any person employed by an incumbent operator or any subcontractor of the incumbent operator of a waste services provider who: (1) Is not an "exempt" employee under the Fair Labor Standards Act (FLSA), and (2) Has been employed at the establishment by the incumbent operator or any subcontractor of the incumbent operator for at least thirty (30) calendar days prior to the execution of the transfer document. (i) "Transfer document" shall mean the document effecting a change in control or change in contract. 0) "Waste disposal services" shall mean the collection, transfer, transport, recycling, processing and/or disposal of residential, and commercial, industrial solid waste and solid waste generated at temporary construction and demolition sites under contract to the city through a franchise or other exclusive or non-exclusive agreement. (k) "Waste services provider" shall mean any entity identified in section 16.41.5 of this article and any subcontractor of such an entity providing waste disposal services. Sec. 16-41. - Employee retention/preferential hiring/wage maintenance. (a) Within ten (10) days of the execution of a transfer document, an incumbent operator shall provide to the new operator and the executive director of public works a list of all of the employees of the incumbent operator of a waste services provider, including each employee's name, last known address, date of hire and job classification at the time of the transfer. The new operator shall offer employment at an establishment to all qualified displaced workers. (b) All new operator work hours performed by a waste services provider must be performed, to the extent feasible, by qualified displaced workers. Nothing herein shall be construed as requiring the new operator to create additional positions that the new operator does not need. However, prior to reducing the amount of work hours or positions utilized to perform waste disposal services at an establishment, a new operator must obtain written approval from the executive director of public works. (c) Anew operator shall not discharge any qualified displaced worker, except for cause, for at least one hundred eighty (180) days from the effective date of a transfer document, or the date on which the new operator actually begins operating the waste services provider, whichever is later. Ordinance No. NS-3017 Page 39 of 42