Statewide Right of Recall Bill Signed by Governor Newsom
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:
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.