Statewide Right Of Recall Bill Signed By Governor Newsom

Jackson Lewis P.C.

The Governor has signed Senate Bill 93, which would require that covered employers offer employees laid off due to the COVID-19 pandemic available positions based on a preference system. The new statute is targeted at the hospitality industry, which has started to reopen as the state moves toward full reopening.

The bill is a budget bill and therefore the statute becomes effective immediately.

Specifically, the ordinance applies to the following industries:

  • Hotels
  • Private clubs
  • Event Centers
  • Airport Hospitality Operations
  • Airport Service Providers
  • Building Services to office, retail, or other commercial buildings

The bill includes further qualifications as to the size of the enterprise for application of the statute.

Under the new statute, employees who were employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, must be offered positions they are qualified for first before hiring new employees. Laid-off employees are deemed qualified if they held the same or similar position at the time of lay-off.

Covered employers must give laid-off employees 5 business days to respond to offers of reemployment, along with other requirements.

The statute also includes certain record-keeping requirements, for covered employers to be able to contact laid-off employees when positions become available.

The bill will sunset on December 31, 2024.

Jackson Lewis will continue to track COVID-19 related statutes and ordinances around the state of California.

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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