September 24, 2021

Volume XI, Number 267

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September 24, 2021

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September 23, 2021

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September 22, 2021

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California Labor Commissioner Issues Guidance for Statewide Right of Recall

Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions page.

The FAQs clarify that an acceptance by an employee of an offer must be delivered to the employer within 5 business days, which does not include Saturdays, Sundays, or California state holidays.

Moreover, the obligation to offer positions does not end if an employee declines a position. If an employee turns down a job offer, an employer must offer the employee subsequent jobs that are to be filled assuming the employee worked at the same or similar position. As stated in the statute, an employer does not have to recall a non-qualified employee. A qualified employee is defined as an employee who held the same or similar position with the employer at the time of the employee’s most recent lay-off.

An employer must provide the laid-off employee a written notice within 30 days of the date of filling the position if the position is filled by a less senior employee. The notice must include the length of service with the employer of those hired in lieu of that recall, along with all reasons for the decision.

An employer must keep the following records for at least three years from the date of a lay-off notice:

  • the laid-off employee’s full name, job classification, date of hire, last known address of residence, email address, telephone number;

  • a copy of the lay-off notice; and

  • copies of all communication between employer and employee concerning employment offers.

The Labor Commissioner also notes that the statewide right of recall is the minimum bar for employee rights, but cities are permitted to make more stringent requirements. And several California cities continue with their own COVID-19 related right of recall ordinances.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 197
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About this Author

A. Scott Ruygrok, Attorney, Labor, Employment, Jackson Lewis Law Firm
Associate

Adrianus Scott Ruygrok is an Associate in the Orange County, California, office of Jackson Lewis P.C. His practice focuses on providing preventive advice and counsel, as well as representing employers in workplace law matters.

Mr. Ruygrok regularly advises clients on compliance with federal and state labor and employment laws such as the Fair Employment and Housing Act, Fair Labor Standards Act, the Family and Medical Leave Act, National Labor Relations Act, and the Americans with Disabilities Act. He advises clients on a...

949-885-1361
Shiva Anari Labor & Employment Attorney Orange County, California, Jackson Lewis P.C. Law Firm
Associate

Shiva Anari is an Associate in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Ms. Anari regularly advises clients on compliance with federal, state and local employment laws, including Family and Medical Leave Act, Fair Employment and Housing Act, Fair Labor Standards Act, National Labor Relations Act, and Americans with Disabilities. She also counsels clients on other aspects of employment laws...

949-885-1360
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