How Does California’s “Right to Recall” COVID-19 Law Affect You As An Employee?

The Right to Recall Law or SB 93 is one of the state labor laws covering employees terminated during the Covid-19 shutdown. SB 93 outlines what employers are to do when a job opening occurs that was held by a former employee whose termination was part of the COVID-19 shutdown.

The Covid 19 Laws

SB 93 is enforceable through the Division of Labor Standards and Enforcement and ends on December 31, 2024. The Law affects what your employer is responsible for if you were terminated for reasons associated with COVID-19. 

Here are some of the responsibilities that employers face when complying with SB 93:

  1. Employers must offer laid-off employees information about open job positions that laid-off employees are qualified to perform. 1A: The employer has five days to do so and must wait an additional five days to hear from the employee.
  2. Employers are required to offer open positions to qualified employees who were laid off before hiring somebody who hasn’t worked for your company before. 
  3. An employee qualifies if they were employed for a minimum of six months from January 1, 2019 – January 1, 2020, and the termination/lay off was specifically related to COVID-19. 
  4. Employers must keep accurate employment records that involve communication between you and the company. Those communications would include offers to return to work, job notices, and employee termination notices. Your employer will also need to keep any written communication about why you were not hired back and a new person was.
  5. Employers are prohibited from retaliation against any employee who files claims with the Division of Labor regarding open position fulfillment, wage issues, or other penalizing actions.

Large cities, such as San Francisco, are expected to be heavily impacted by the Covid-19 Law. SB 93 clarifies that your employer is not to use the COVID-19 pandemic to remove specific groups of employees, even those who may make higher wages.

What Can “Laid-off” Workers Do?

If you are an employee who qualifies as an SB 93 “laid-off worker,” and you feel that your employer has violated the labor code in terms of your dismissal, recall to work, or other labor issues, you have rights. To learn about those rights and see if your case falls under the protection of SB 93, call our legal experts at Davtyan Law Firm. We represent clients in Los Angeles, San Francisco, San Diego, and other areas of California. We are here to help answer your questions and pursue legal options available to you. Call us today at (818) 275-5799 for a free consultation!

Ready To Get Started?

Contact Us Today For A FREE Consultation To Find Out How We Can Help You. We Serve Employees All Across the State of California.

Call Us Today!

(818) 275-5799


Based in California, we focus exclusively on employment law, protecting employees' rights. We handle a broad range of employment disputes including wrongful termination, harassment, discrimination, retaliation, wage and hour issues, among others.

Contact Us

400 N. Brand Blvd,
Suite 700
Glendale, CA 91203

(818) 275-5799

880 East Broadway
Glendale, CA 91205

(818) 275-5799

1635 Pontius Ave,
2nd Floor
Los Angeles, CA 90025

(818) 275-5799

402 West Broadway
Suite 400
San Diego, CA 92101

(858) 956-7899

580 California St
Suite 1200
San Francisco, CA 94104

(650) 963-7187

1444 Fulton Street
Fresno, CA 93721

(559) 530-8046

500 Capitol Mall
Suite 2350
Sacramento, CA 95814

(916) 713-7268

527 Flume Street
Unit 3
Chico, CA 95928

(530) 539-1404

12242 Business Park Drive, Suite 19
Truckee, CA 96161

(530) 721-1872

4900 California Avenue
Tower B, 2nd Floor
Bakersfield, CA 93309

(661) 215-8671

473 E. Carnegie Drive
Suite 200
San Bernardino, CA 92408

(990) 787-2570

288 Pearl Street
Until 311
Monterey, CA 93940

(831) 480-9838

110 N San Joaquin St.
2nd Floor
Stockton, CA 95202

(203) 888-0271

99 South Almaden Blvd.
Suite 600
San Jose, CA 95113

(408) 872-9877

111 West Ocean Blvd.
4th Floor
Long Beach, CA 90802

(562) 582-8559

66 Franklin Street
Suite 300
Oakland, CA 94607

(510) 726-1278

1100 Town & Country Road
Suite 1250
Orange, CA 92868

(657) 256-4327

Call Now ButtonCall Now