On Wednesday, the Los Angeles City Council voted unanimously in support of a set of ordinances that establish right of recall and worker retention protections to workers laid off during the COVID-19 crisis. Following extensive public comment and several verbal amendments, the City Council approved the “Right of Recall” (Article 4-72J-A) ordinance.
As amended, the ordinance will apply to hotels operating in the City of Los Angeles with 50 or more guestrooms or gross receipts exceeding $5 million in 2019. It will require employers to offer to laid-off workers any position that becomes available after the effective date of the ordinance, relating to layoffs retroactively to March 4, 2020. There is a rebuttable presumption that any termination after March 4, 2020, was due to a non-disciplinary reason. Laid-off workers must be recalled in order of seniority by mail, email, or text message. Workers will have 5 business days to respond to the recall. This ordinance does not apply to managers or supervisors.
Laid-off workers who allege violations under this ordinance must provide written notice to the employer outlining their specific claims. The employer will have 15 days to respond to the alleged violations before the worker can bring an action against them for hiring and reinstatement rights, actual damages, punitive damages, and attorneys’ fees.
Los Angeles Mayor Eric Garcetti has previously expressed public support for the measures. The new ordinances do not become effective until signed by the Mayor.
