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