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Tenant Worker Rehire Policy

Tenant Worker Rehire Policy

As part of the Port’s Rent Deferral Program for concession tenants, the Board of Port Commissioners directed Port staff to draft a Board policy requiring Port concession tenants accepting rent deferral to offer to rehire workers that have been laid off as a result of the COVID-19 pandemic when the tenants start increasing staff in the future.

After releasing a draft Tenant Worker Rehire Policy for public review and input, the Board approved a policy during its May 19, 2020 meeting, which can be viewed at the link below.

Approved Board Policy 779 - Temporary Rent Deferral Program Rehire Policy

Frequently Asked Questions

Does this Policy apply to me?

The Policy applies to all District tenants accepting deferral of concession rent. Some requirements of the Policy apply to all such tenants deferring concession rent while other requirements only apply to some of those tenants.

What requirements of the Policy apply to all District tenants accepting deferral of concession rent?

All District tenants accepting deferral of concession rent must make a determination whether they meet the definition of “Covered Tenant” in Section 4 of the Policy relating to the total number of employees of various entities at the leased premises, and all must represent and covenant to the Port whether they are or are not. Such representation and covenant is due within 7 days of accepting rent deferral or from the date the Policy was adopted on May 19, 2020, whichever is later. To comply, tenants should send the District a written statement, signed by an authorized representative of the tenant,  indicating:

“[NAME OF TENANT] hereby represents and covenants that it is a Covered Tenant as defined by Board of Port Commissioners Policy No. 779.”

OR

“[NAME OF TENANT] hereby represents and covenants that it is not a Covered Tenant as defined by Board of Port Commissioners Policy No. 779.”

Does the Policy apply if my employees are part of a union?

The Policy applies to all District tenants accepting deferral of concession rent regardless of whether employees are part of a union or not. However, the Required Rehire Procedures in Section 6.c. may not apply to those employees covered by a collective bargaining agreement, recall agreement, severance agreement or separation agreement which addresses rehire, recall, or other return to work issues covered by the Required Rehire Procedure.

Do employees of retail subtenants at hotels count towards the 150 employee minimum to be considered a Covered Tenant?

Yes, retail subtenants are “other entities operating on or from the leased premises” and therefore count towards the 150 employees to determine whether tenant is Covered Tenant?

Must Covered Tenant hotels ensure their retail subtenants follow the Required Rehire Procedures?

Retail subtenants of a Covered Tenant hotel are not considered an entity that “owns, controls, manages or operates the integrated operation of the leased premises, or any portion of the integrated operation of the leased premises" and such Covered Tenant hotel is not obligated to ensure retail subtenants follow the Required Rehire Procedures for their employees.