SB 93 Imposes A Statewide ‘Right Of Recall’ As The California Economy Reopens

As the state moves towards reopening, Senate Bill 93 was signed into effect to create a preference system for re-employment and/or recall efforts. This bill requires employers to make written job offers to covered employees whom they laid off due to the Covid-19 pandemic before extending an offer to any new hires.

The employers this bill applies to are select hotels, private clubs, event centers, airport hospitality operations and service providers, and employers that provide janitorial, building maintenance, or security services to retail or commercial buildings. The coverage applies to laid-off employees who worked two or more hours per week for more than six months for a covered employer who was separated from their employment due to a reason related to the Covid-19 pandemic, preceding January 1st, 2020.

This bill obligates covered employers to deliver a written job offer by hand or to their employees last known address, additionally by email and text message. Once the offer is made, the employee has five business days to respond. If an employee would like to make a complaint, the Division of Labor Standards Enforcement (DLSE) has the authority to award complainant hiring and reinstatement rights, front or back pay, value of benefits the complainant would have received, and interest on all amount due and paid.

Pearlman, Brown, and Wax, L.L.P. details recommendations for compliance. Contact your relationship partner to learn more of these obligations.