Right of Recall and Worker Retention Ordinances in California

What You Need To Know About Post-COVID Recall And Retention In California

Economic activity in several industries shifted in the early weeks of the COVID-19 pandemic. As business and leisure travel dwindled, the hospitality industry was severely hit. As a result, many businesses were forced to lay off employees, and unemployment in California skyrocketed.

That said, here are some new post-quarantine ordinances our California employment lawyers are keeping up with.


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COVID-19 Worker Retention Ordinance

Before the epidemic, any employer in California recalling employees from a layoff had complete discretion over which employees to come back, the order in which they were recalled, and even whether or not to recall specific individuals based on their previous job performance.


The COVID-19 Worker Retention Ordinance, which operates in collaboration with the COVID-19 Right of Recall Ordinance, applies to airports, hotels, event centers, and commercial property firms. The ordinance went into effect on June 14, 2020.


It applies when an employer transfers control of a business to a successor or new employer. Within 15 days after the transfer document's execution, the incumbent business employer, also known as the predecessor business employer, must furnish the successor business employer with each worker's name, address, date of hire, and occupation classification.


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The new employer must keep a "preferential hiring list" of such personnel and hire from it from the transfer document's execution until six months after the new employer's business is open to the public.