California’s Right to Recall Law: Reemployment Opportunities After COVID-19
California’s Right to Recall Law provides a rehiring opportunity to the employees of building services and hospitality industries who lost their job during the COVID-19 pandemic. The pandemic caused the cessation of many business organizations. After the devastating pandemic, those business companies are starting to operate again.
According to California recall laws, employers are entitled to give a chance to the previously laid-off employees before hiring new employees. Keep on reading for a better understanding.
Who is covered by California’s Right to Recall Law?
- Firstly, this law applies to the employers of hotels and private clubs which have 50 or more guest rooms, public and private event centers, and airport hospitality operations and service providers.
- Secondly, employers at the janitorial, building maintenance, security service, retail, and other commercial buildings.
- The laid-off employees will be eligible for this benefit if they were employed for six months or longer during the twelve months before January 1, 2020. Also, they were supposed to work a minimum of two hours each week to be protected under this law. The last condition of eligibility is that they have been most recently separated from employment due to any economic, non-disciplinary purpose related to the COVID-19 pandemic.
What are the entitlements of employers under the Right to Recall Law?
The employer needs to send a written offer to the laid-off employees within 5 days of a job opening. A single offer can be made to the employee with the most seniority. Alternatively, the employer can provide multiple contingent offers to eligible employees. As a laid-off employee, you will get 5 business days to accept the job offer. If multiple laid-off workers accept the offer of the same job position, the employer must allow the most senior employee based on the hiring date.
The employers need to keep records to prove that employment offers were made to the laid-off employees. They must keep the evidence for at least three years from the date of a lay-off notice. The documents must include:
- The full name of the laid-off employee
- The employee’s job classification
- Date of hire
- Last known address of the residence
- Contact information
- Duplicate of the lay-off notice
- The copies of all communication between the employer and employee.
What can I do if my employer violates the Right to Recall Law?
Your employer will have to face a penalty if he does not comply with the Right to Recall Law. He will have to reinstate the laid-off employee and compensate for front pay, back pay, and lost benefits. You should contact the California Division of Labor Standards Enforcement (DLSE) to seek legal remedies.
Final Words
California’s Right to Recall Law will be effective from December 31, 2024. If your employer violates this law, you should take legal action as quickly as possible. Hopefully, you will be able to resolve the issue by taking help from an employment attorney or other law enforcement agencies.
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