Displaced Grocery Workers

RCNY tit. 6, ch. 7, subch. D

in effect

6 RCNY § 7-401 Definitions.

§ 7-401 Definitions. (a) As used in this chapter, the following terms have the same meanings as set forth in § 22-507 of the Administrative Code: "change in control," "city," "department," "eligible grocery employee," "grocery establishment," "incumbent grocery employer," "person," "successor grocery employer," and "transitional employment period." (b) As used in this chapter, the following terms shall have the following meanings: "Continuous employment" means uninterrupted employment. Separations from employment six months or less in duration for any reason, including, but not limited to, transfer from a grocery establishment that is subject to a change in control to a grocery establishment with the same incumbent grocery employer, paid or unpaid leaves of absence, paid or unpaid time off, and work schedule changes, shall not constitute interruptions in employment. "Grocery employer" means incumbent grocery employers and successor grocery employers. "Grocery Worker Retention Act" means § 22-507 of the Administrative Code. (Added City Record 10/11/2016, eff. 11/10/2016; amended City Record 8/21/2018, eff. 9/20/2018)

6 RCNY § 7-402 Eligible Grocery Employees.

§ 7-402 Eligible Grocery Employees. (a) For purposes of the definition of "eligible grocery employee" in § 22-507(a) of the Administrative Code, "a period" means "a period of continuous employment." (b) For purposes of section 22-507(a) of the Administrative Code, "confidential employee" means "confidential employee" as defined in the federal Labor Management Relations Act, 22 U.S.C. § 4102(6). (c) An employee's length of continuous employment at a grocery establishment with the same incumbent grocery employer as the grocery establishment subject to a change in control preceding an employee's transfer to the grocery establishment subject to a change in control shall count towards that employee's continuous employment at the grocery establishment subject to the change in control. (Added City Record 10/11/2016, eff. 11/10/2016; amended City Record 8/21/2018, eff. 9/20/2018)

6 RCNY § 7-403 Determining Seniority.

§ 7-403 Determining Seniority. For purposes of § 22-507(b)(3) of the Administrative Code, an employee attains seniority as a result of that employee's length of continuous employment in the grocery establishment subject to a change in control, regardless of job position and regardless of full-time or part-time status, or, in the case of an employee transferred to a grocery establishment subject to a change in control, that employee's total length of continuous employment in any of the incumbent grocery employer's grocery establishments. (Added City Record 10/11/2016, eff. 11/10/2016; amended City Record 8/21/2018, eff. 9/20/2018)

6 RCNY § 7-404 Recordkeeping.

§ 7-404 Recordkeeping. (a) Grocery employers must retain records demonstrating compliance with the requirements of the Grocery Worker Retention Act for a period of three years unless otherwise required by any other law, rule, or regulation. (b) Incumbent grocery employers must maintain, in an accessible format, contemporaneous, true, and accurate records that document: (1) The list of eligible grocery employees required under § 22-507(b)(1)(A) of the Administrative Code, the date the list was provided to the successor grocery employer, and written proof that the list was provided to the successor grocery employer; and (2) The notice of change in control required under § 22-507(b)(1)(B) of the Administrative Code, the date it was posted, and proof of posting. (c) Successor grocery employers must maintain, in an accessible format, contemporaneous, true, and accurate records that document: (1) The list of eligible grocery employees received by the successor grocery employer pursuant to § 22-507(b)(1)(A) of the Administrative Code and the date it was received, and the names of those eligible employees retained for the transitional employment period pursuant to § 22-507(b)(2) of the Administrative Code; (2) The preferential hiring list required under § 22-507(b)(3) of the Administrative Code, the date eligible employees on the preferential hiring list were given the right of first refusal to jobs that become available during the transitional employment period, and proof that the right of first refusal was given; and (3) The written performance evaluations as required under § 22-507(b)(5) of the Administrative Code. (Added City Record 10/11/2016, eff. 11/10/2016; amended City Record 8/21/2018, eff. 9/20/2018)

6 RCNY § 7-405 Enforcement.

§ 7-405 Enforcement. (a) If the grocery employer fails to timely respond to, written request for information or records from the department, a grocery employer must provide the department with access to records and at a mutually agreeable time of day at the employer's place of business. (b) The department will make two attempts by any combination of letter, email, or telephone to arrange a mutually agreeable time of day for the grocery employer to provide access to its records in accordance with subdivision (b) of this section. If these attempts are not successful, the department may set a time to access records at the grocery employer's place of business during regular business hours, upon two days' notice to the grocery employer. (c) The grocery employer may cure a notice of violation issued to a grocery employer for failure to provide requested information, records or access to records as required by 6 RCNY § 7-405 without penalty by producing the requested information or records on or before the first scheduled hearing date. (d) The department may settle a complaint at any time prior to the conclusion of an adjudication. Prior to settling any complaint filed by an eligible grocery employee, pursuant to § 22-507(d)(1), the department shall provide each complainant with notice of the proposed settlement. (e) A complainant who intends to opt out of a settlement, pursuant to § 22-507(d)(1)(E) of the Administrative Code must do so in writing to the department. A complainant who intends to withdraw his or her complaint with the department, pursuant to § 22-507(d)(2) of the Administrative Code must do so in writing to the department prior to bringing a civil action. (Added City Record 10/11/2016, eff. 11/10/2016; amended City Record 8/21/2018, eff. 9/20/2018)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-103859Fetched: 10/24/2026