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Right To Recall For Certain California COVID-Impacted Hospitality and Building Services Workers Signed Into Law | CDF Labor Law LLP
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New California Legislation Requires Businesses to Rehire Employees Laid Off During the Pandemic | FordHarrison
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California Governor Gavin Newsom signed into law on Friday a statewide right of recall for employees in certain industries who were laid off due to effects of the COVID-19 pandemic. SB 93, which enacts Labor Code Section 2810.8
effective immediately, primarily impacts hospitality employers in California but also includes a few other industries. The new law will remain in effect until December 31, 2024 and contains some potentially devastating consequences for violations – so compliance will be critical. Especially as we head towards the full reopening of the state’s economy, what do California employers need to know about this new law?
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On April 16, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 93 into law. This new statute creates California Labor Code Section 2810.8 and requires that employers in certain industries make written job offers to employees whom they laid off because of COVID-19. Employees have five business days to respond and, if more than one employee responds, the employer must award the job by seniority. Employers must keep records for three years. The California Division of Labor Standards Enforcement (DLSE) will enforce the new law and may order reinstatement, front and back pay, and benefits, as well as impose substantial penalties and liquidated damages. SB 93 takes effect immediately and expires on December 31, 2024.
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Employers in the hotel, event center, airport and private club sectors and those providing services to commercial buildings must now give employees who were laid off due to the COVID-19 pandemic preferential recall rights over other applicants. The requirements became effective last Friday, April 16, 2021, on California Governor Gavin Newsom’s signing of Senate Bill 93 into law.
The Covered Employers
The hotel operations subject to the new statewide requirements are those consisting of 50 or more guest rooms or suites. The number of rooms or suites that determines coverage under the new law is the number as of December 31, 2019 or on the opening of the hotel, whichever number is greater.
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