California “Right to Recall” Law & What It Means For Laid-Off Workers
As California and the rest of the country gear up to reopen businesses after more than a year of Coronavirus restrictions, many workers are still unemployed. Since March 2020, millions of workers in California were laid off due to the closure or scaling back of the establishments they worked at. In an effort to get citizens back to work, Governor Gavin Newsom signed SB 93 (also known as the “Right to Recall” and “Rehiring and Retention” bill) into law on April 16, 2021, which aims to put laid-off employees back in the jobs they held before the pandemic. Local California employment law firm Davtyan Law Firm offers a primer on what SB 93 means for laid-off employees around the state.
What Does California SB 93 Require?
This Senate bill requires certain employers to rehire qualified workers that were laid off due to a reason related to the COVID-19 pandemic. The bill, which is in effect through December 31, 2024, sets out certain requirements and stipulations for both employers and employees, including the following:
- The employer must communicate in writing within 5 days of the opening of the job position, the availability of the position to its qualified laid-off employees.
- The laid-off employee must have worked for the employer for 6 months of the previous 12 months preceding January 1, 2020.
- The reason the employee was laid off must have been due to the pandemic and not due to disciplinary reasons.
- If there are two qualified employees, but only one position open for rehire, the position must go to the laid-off employee with the greatest length of service to the business.
- Laid-off employees have 5 business days to accept or decline the position.
- The employer must keep records for 3 years, including information about communicating the open positions, interviews, and hiring.
These are just a few of the main requirements of the bill. Speak with an attorney to discuss other requirements and whether or not you are eligible to be recalled to your pre-pandemic position.
Employers who violate this law will be subject to monetary fines, back pay, and other civil penalties that may increase by the day. Employers also cannot fire, demote, or take other negative actions toward employees who exercise their rights under this bill.
California Labor Lawyer – Davtyan Law Firm
If you were laid off from your job due to COVID and believe you have a right to be recalled but your former employer is not following the law, Davtyan Law Firm might be able to help. Experienced California employment lawyer Emil Davtyan focuses exclusively on helping California workers and employees protect their rights against employers both big and small.
When you need legal help enforcing your employment rights in California, give Davtyan Law Firm a call. We help clients all over the state with their labor and employment law cases including discrimination and harassment, wrongful termination, protected leave violations, wage and hours claims, and more.