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Right to Recall

If you lost your job in the hospitality or service industry due to COVID-19, you might have the Right to Recall!

What is the Right to Recall law?

The Right to Recall is a California law that requires certain hospitality and service industry employers to offer the opportunity to rehire qualified former employees who were laid off due to the COVID-19 pandemic from April 16, 2021, through December 31, 2025.

Employers covered by the law must offer laid-off employees the opportunity to be recalled for job openings in their previous positions or similar positions based on seniority, and also before hiring new employees.

Which employers and industries are covered by the Right to Recall law?

Employers in the following industries are covered by the Right to Recall law:

  • Hotels and private clubs with 50 or more guest rooms
  • Airport and airport service providers
  • Event centers
  • Building services such as janitorial, maintenance, and security services at retail and commercial buildings

How do workers qualify for the Right to Recall?

Recall rights are for employees of covered employers (see question 2) who:

  • Were employed for six months or longer and were laid off on or after March 4, 2020,
  • and most recently separated from employment because of any non-disciplinary reason related to the COVID pandemic, including lack of business, a government shut-down order, or public health directive due to the pandemic.

What payments can workers recover from the right to recall?

Workers may be eligible for liquidated damages up to $500 per day during the violation period. The violation period is between the date the employer offered the job opening to a less senior employee to the date the employee is offered the right to recall.

For example, on August 1, 2024, an employer offers an available job to an employee with less company seniority before the more senior employee who held that position at the time of the COVID-related lay off. The employee with more seniority who lost the job due to COVID has a claim for the right to recall. If the employer offers an available position on August 1, 2025, in this case, the worker has the right to up to $500 per day in liquidated damages from August 1, 2024, to August 1, 2025.

What should a worker do if they think they have the Right to Recall?

If a worker wants their employer to offer their previous job or a similar job:

Employees seeking to be recalled are advised to immediately provide their former employer with their current mailing address, email address, and phone number to facilitate notice of job openings from their employer. Qualified laid-off employees must respond to notices of job offers within five business days, preferably in writing.

If you want to file a claim to recover payments from the Right to Recall law:

You can submit a Report of Law Violations online, in person, or by mail to the Labor Commissioner's Office.

What are the steps after the claim form is filed?

The Labor Commissioner's Office will review your claim form. You will be contacted by phone or email to discuss your claim. You can help with your claim by gathering any evidence you have showing the time period you worked before losing your job, and any documentation about why you lost your job.

After the Labor Commissioner's Office investigates your claim, any violations identified will be written as citations for the employer to pay. The employer is entitled to request an administrative hearing to appeal the citation, at which evidence may be presented; the employer may be also appeal the administrative decision. The employer may also offer to settle the claim with you for a certain amount of payment.

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