May 14, 2021

Volume XI, Number 134


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May 12, 2021

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May 11, 2021

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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:

  • 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 P.C. © 2021National Law Review, Volume XI, Number 107



About this Author

Robert L. Murphy, Jackson Lewis, union representation lawyer, collective bargaining negotiations attorney

Robert Murphy is a Principal in the San Diego, California, office of Jackson Lewis P.C. With more than 40 years of experience as a specialist in labor and employment law, he is considered to be one of the nation’s most highly respected and creative lawyers in his field.

His practice is equally divided between employment litigation, labor-related matters such as union representation campaigns and collective bargaining negotiations, and advising multi- state and multi-national clients with respect to the full gamut of employment matters including...