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Right to Recall due to Covid-19 Related Layoffs

As employers continue to navigate the effects of Covid-19, Governor Newsom has thrown another wrench by signing into law SB 93 which became effective April 16, 2021.  This new law implements a statewide recall mandate for employers in the hotel, event center, airport, and private club sectors. This means that certain employers must now provide employees who were laid off due to the Covid-19 pandemic, preferential recall rights over other applicants in the hiring process. This new law is effective until December 31, 2024.

Who do you have to recall? Laid-off employees who must be recalled are those who worked for an affected employer for 6+ months in 2019 and were laid off due to a reason related to the Covid-19 pandemic, such as a government shutdown, lack of business, or a reduction in the workforce.

Moving forward, whenever a position becomes available, affected employers must first offer the position to a laid-off employee who is qualified for the position in writing. Affected employers will be required to give a laid-off employee at least 5 business days from their receipt of the offer to accept or decline the offer.

Failure to recall laid-off employees will subject the employer to potential civil penalties imposed by the Department of Labor and Standards Enforcement. Given that this new law further complicates an employer’s re-hiring process, it is crucial that employers take steps to meet SB 93’s recall requirements to minimize your risk. To learn about whether your business is affected by this law and to discuss a recall plan for your business, contact the Employer Lawyers at Chauvel & Glatt.


This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.


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