Current Status of the Right of Recall Bill

It has been a few months since Governor Newsom signed Senate Bill 93 into law, enacting a right of recall law for certain industries within the state of California. This right of recall means that certain employers who have laid off employees (such as due to the COVID-19 shutdowns) must offer new positions to qualified laid-off employees first. Such employees must have worked at least two hours per week for six of the last 12 months in a position similar to the available position, and they must have been laid off for non-disciplinary reasons (such as business closure or lack of resources).

While employers naturally have many questions about this law, the following are some clarifications presented by the California Department of Industrial Relations (DIR). If you have questions concerning your specific company and workforce, contact our Encino employment lawyers directly for a consultation.

What Industries Must Comply?

The right of recall law applies to the following:

If an employer falls into an above category, they must comply with recall policies, no matter how big or small the enterprise is.

What is the Process for Recalling Laid-Off Employees?

When an employer has a new job opening, it must communicate the opening to qualified laid-off employees within five business days. An employer might make offers to several qualified employees or only a single offer to the employee with the greatest seniority. Employers should reach out to employees using the most recent contact information they have. Employees then have five business days to notify the employer whether they accept the position.

What if an Employee Turns Down a Recall Position?

Some former employees decline to return for various reasons. When this happens, the employer must offer the job to other less senior qualified employees (if it has not already). If all recalled employees turn down the job offer, the company can hire anyone it wants to for the position. On the other hand, if more than one recalled employee accepts, the job should go to the recalled employee with greater seniority.

What Records Do Employers Have to Keep?

Employment records are key to show compliance, and employers should preserve all records regarding laid-off employees, contact information, and any recall communications or job offers for at least three years.

An Encino Employment Lawyer Can Help

If you are a California employer that had to make layoffs during the pandemic, you might be subject to right of recall laws if you have open positions in the future. Discuss the situation with the Encino employment attorneys of Kaufman McAndrew LLP, who can provide guidance and legal assistance. Please contact us online or call 818-788-5767 for the help you need today.