California Governor Gavin Newsom signed “Right to Recall Legislation for Certain Industries.” This statewide policy affects employers in the hospitality and business services industries, including hotels, airports and large event centers. Employers must offer to rehire qualified former employees if they were laid off because of the pandemic. A laid-off employee is one who was employed by this employer for at least 6 months in the 12 months preceding Jan. 1, 2020, and whose most recent separation was COVID-19-related. Employers must keep track of offers to rehire for three years. Contact us with questions.
California’s new “Right of Recall” ordinance is ruled inapplicable in one case. The ordinance protects the jobs of workers who were involuntarily laid off for pandemic-related reasons if the employee worked at least six months of the 12-month period prior to Jan. 1, 2020. Businesses that later reopen must offer new positions to qualified former employees. One Santa Monica hotel worker claimed his former employer violated the ordinance by not rehiring him, even though he was employed for 10 months during the relevant period. A CA Appeals Court found that the worker had resigned voluntarily due to scheduling difficulties, therefore the ordinance didn’t apply. (Bruni, 5/14/21)