§ 19-1. Definitions.

(a) In general.

In this subtitle, the follow terms have the meanings indicated.

(b) Business.

"Business" means a person who is a hotel employer.

"Change in control" means any sale, assignment, transfer, contribution, or other disposition of:

(1) all or substantially all of the assets used in the operation of a business; or

(2) a discrete portion of a business that continues to operate as the same type of business of:

(i) the incumbent business employer; or

(ii) any person who controls the incumbent business employer.

(d) Commission.

"Commission" means the Wage Commission established by § 2-1 {"Commission established"} of this article, or the Commission's designee.

(e) Employee.

(1) In general.

"Employee" means an individual employed by the incumbent business employer:

(i) who has a length of service with the incumbent business employer of 90 days or more;

(ii) whose primary place of employment is a business subject to a change in control;

(iii) who is employed or contracted to perform work functions directly by either:

(A) the incumbent business employer; or

(B) a person who has contracted with the incumbent business employer to provide services at the business subject to the change in control; and

(iv) who worked for the incumbent business employer on or after March 5, 2020, and prior to the execution of a transfer document.

(2) Exclusions.

"Employee" does not include any managerial, supervisory, or confidential employee.

(f) Hotel employer.

(1) In general.

"Hotel employer" means the owner, operator, or manager of a publicly or privately owned structure that:

(i) is used for public lodging or other related service for the public; and

(ii) either:

(A) contains 50 or more guest rooms; or

(B) has earned gross receipts in the 2019 tax year exceeding $5 million.

(2) Inclusions.

A "hotel employer" includes the owner, operator, manager, or lessee of any food service facility, as defined in § 6-101(d) {"Definitions: Food service facility"} of the City Health Code, that is physically located on the hotel premises.

(g) Incumbent business employer.

"Incumbent business employer" means the person who owns, controls, or operates a business immediately prior to the change in control.

(h) Length of service.

"Length of service" means the aggregate total period of time during which an employee has been in active service to an employer, including periods of time when the employee was on leave or on vacation.

(i) {Repealed}

(j) Successor business employer.

"Successor business employer" means the person who owns, controls, or operates a business immediately after the change in control.

(k) Transfer document.

"Transfer document" means the purchase agreement or other documents creating a binding agreement to effect the change in control.