Denver Revised Municipal Code ch. 58, art. II — WORKER RETENTION | Denver Revised Municipal Code (Supp. No. 147, Update 3: codified through Ordinance No. 0852-26, enacted July 13, 2026) — City of Denver

Denver Revised Municipal Code § 58-31 Intent.

Sec. 58-31. - Intent. The city has an interest in the retention of an experienced and trained workforce that is familiar with the city's personnel, facilities, and other city requirements. Worker retention provides cost savings to businesses and protects the health, safety, and welfare of workers by reducing unnecessary turnover caused by change in contractors when such workers are otherwise qualified and satisfactorily performing the functions of the job. (Ord. No. 818-21, § 1, 8-9-21)

Denver Revised Municipal Code § 58-32 Definitions.

Sec. 58-32. - Definitions. (a) "Change in control" means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets or equity of a covered contractor. (b) "City property" means any city-owned or leased real property including, but not limited to, buildings, venues, concert halls, parks, land, airports, and any rented portions thereof, but does not include city right-of-way with infrastructure located thereupon or within that are owned, operated or maintained by a separate entity. (c) "Covered contract or contractor" means entities, contractors or subcontractors who provide the following essential services on city property. (1) Child-care; (2) Janitorial, custodian, window cleaner; (3) Parking lot cashiers, clerks, and attendants; (4) Security; and (5) Services enumerated below that are specific to the airport: a. Airline catering which means the preparation and delivery of prepared and packaged food and beverages for an air carrier at the airport for in-flight consumption regardless of whether some or all of the preparation does not occur on city property; b. Baggage handlers whether serving the terminal, below the wing, or for cargo; c. Cabin and lavatory cleaning and readiness; d. Custodial and food and beverage services in an airport lounge or reception room with access restricted to select passengers; e. Exterior underwing aircraft cleaning and readiness, including ramp, cargo, fuelers, waste extractors but excluding mechanics; f. Passenger assistance including queue direction and skycaps; and g. Personal assistance for airport passengers, including wheelchair assistance. The term "covered contractor" does not include entities, contractors or subcontractors who provide essential services on city property solely on a temporary basis for special events. (d) "Covered worker" means workers hired and/or employed under a covered contractor or its subcontractor who perform one (1) or more of the essential services described in subsection (c) on city property but does not include persons employed in an executive, administrative, or professional capacity. (e) "Successor contractor" means any person that has entered into a covered contract for services that are the same or substantially the same or performed in the same location as those provided by its predecessor or when the city or a covered contractor elects to contract out such services. (Ord. No. 818-21, § 1, 8-9-21)

Denver Revised Municipal Code § 58-33 Non-displacement of qualified workers.

Sec. 58-33. - Non-displacement of qualified workers. When a covered contract expires, or a change in control occurs or an entity enters into a covered contract for essential services previously performed by another covered contractor, and a successor contract is entered into for substantially similar services in a similar location, the successor contractor must offer covered workers of the former covered contract a right of first refusal of employment in accordance with the requirements below. (a) No less than sixty (60) days before the successor contractor begins performing essential services under a covered contract, the predecessor covered contractor must supply the names and contact information for its current covered workers, including the hiring date and classification of each covered employee, to each of the following: (1) The successor contractor; and (2) To the entity, agency or department administering the contract or to the manager of city property where relevant. (b) No less than sixty (60) days before the successor contractor begins performing essential services under a covered contract, the predecessor covered contractor must inform its covered workers in writing that they may be eligible for transition employment with the successor contractor in accordance with the requirements and procedures of this section. (c) The following two (2) exceptions shall apply to subsections (a) and (b) above: (1) If a successor contractor begins performance under a covered contract prior to December 31, 2021, the predecessor contractor may provide the information required under this subsections (a) and (b) within thirty (30) days before the successor contractor begins performing services under a covered contract. (1) If the successor contractor is unknown within the sixty (60) days before beginning services under a covered contract, the predecessor contractor may provide the information required in subsections (a) and (b) within ten (10) days of execution of the successor contract. (d) No less than twenty (20) days before the successor contractor first performs services under the covered contract, the successor contractor must make a written offer of employment to each covered employee listed under subsection (a) and must state a time period of not less than ten (10) days within which the employee must exercise the covered employee's right of first refusal by accepting or rejecting the offer of employment. The successor contractor may make offers of employment for job classifications performing essential service to individuals who are not covered workers listed under subsection (a) only after complying with the requirements of this subsection (d) for each covered worker listed under subsection (a) and the running of the time period for response set forth in the last offer of employment made pursuant to this subsection (d). (e) During a ninety (90) day worker retention period that begins on the first date a successor contractor performs essential services/services under a covered contractor, a successor contractor must: (1) Retain a covered employee who has exercised his or her right to accept employment with the successor contractor except as follows: a. A successor contractor may discharge a covered employee for cause; and/or b. A successor contractor may determine to provide services with a reduction in the number of workers as compared to its predecessor; provided, however, such successor contractor must retain the predecessor's workers by seniority within job classifications unless an alternative retention methodology is required by an enforceable collective bargaining agreement executed prior to the enactment date of this article. (2) Maintain a preferential hiring list of covered workers not retained initially by the successor contractor, from which the successor contractor must hire from if additional workers become necessary as determined in the successor contractor's discretion. (f) At the end of the ninety (90) day transition worker retention period, the successor contractor must perform a written performance evaluation for each covered employee retained in accordance with this section. The successor contractor shall retain a copy of the written performance evaluation for a period of not less than two (2) years. If the covered employee's performance during the ninety (90) day period is satisfactory, the successor contractor must offer the employee continued employment under the terms and conditions established by the successor contractor or as required by law. Nothing in this section shall be construed to create any right or entitlement to continued employment by the successor contractor for any particular period of time in excess of the ninety (90) day transition employment period. (Ord. No. 818-21, § 1, 8-9-21)

Denver Revised Municipal Code § 58-34 Enforcement.

Sec. 58-34. - Enforcement. (a) Complaints to city. The department or agency managing any covered contract, or to the manager of city property where relevant, is responsible for receiving any complaints and obtaining compliance with this article. (b) Private cause of action. A covered worker may bring an action in a court of competent jurisdiction against the successor contractor for damages including, back pay, lost wages and benefits. Violations of this chapter shall be subject to penalties of fifty dollars ($50.00) per worker per day of violation, up to four thousand five hundred dollars ($4,500.00) per worker. If the employee is the prevailing party in any such legal action, the court must award reasonable attorney's fees and costs as part of the costs recoverable. (c) Predecessor liability. Upon completion of the requirements set forth in this article, the predecessor contractor may not be held liable for any failure to hire a covered employee by the successor contractor. (Ord. No. 818-21, § 1, 8-9-21)