Reminder Regarding Right Of Recalls As Reopening Restarts

Jackson Lewis P.C.
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As more counties move toward the Orange Tier on the state reopening guidance, businesses can reopen or operate under less restrictive requirements. This may mean employers need more employees than in the last several months. Though last year, the Governor vetoed a statewide right of recall requirement, several cities still have ordinances in place.

The following cities still have a right of recall ordinance related to COVID-19:

City Covered Employers
Long Beach

· Commercial property employers that provide janitorial services (25 or more employees)

· Hotel employers (25 or more employees)

Los Angeles

· Airport employers

· Commercial property employers that employ 25 or more janitorial, maintenance, or security service workers

· Event center employers

· Hotel Employers

Oakland

· Airport hospitality employers

· Event center employers

· Hotel employers

· Restaurant employers (more than 500 employees)

Pasadena · Hotel employers
San Diego

· Commercial property employers

· Event center employers

· Hotel employers

Santa Clara

· Building service employers

· Food service employers

· Hotel employers

Most of the ordinances require covered employers to offer available positions to qualified employees who were previously laid off due to pandemic mandated closures. Typically, such offers are to be made to employees based on seniority and/or length of service with the Company. Each ordinance requires covered employers to provide employees with a certain period to accept or decline rehire before the employer offers the position to another former employee with less seniority or opens the position to new employees. Covered employers should review the rehire requirements in their locations to ensure they are complying with the various requirements specified.

San Francisco’s right of reemployment recently expired, but the Board of Supervisors is considering a replacement ordinance.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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