California Senate Bill 93: Employers, We Have You Covered

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On April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill (SB) 93, which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic. To be eligible for recall, laid-off employees had to have been employed by the covered employer for six or more months in the 12 months preceding Jan. 1, 2020. The new law applies to an owner or operator of a hotel, a private club, an event center, an airport hospitality operation or an airport service provider, or an enterprise that provides building services, defined as janitorial, building maintenance or security, to office, retail or other commercial buildings. Covered employers must follow SB 93’s recall procedures, timeline and preference system, which gives priority to employees based on date of hire. In addition to the statewide right of recall, local right-of-recall ordinances persist in Los Angeles, Oakland, San Diego, San Jose and Pasadena, each of which has its own coverage and requirements. For more information, please review our analysis of California’s Right To Recall Statute and Local Ordinances.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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