April 30, 2020 • Katherine A. Ellis
Category: Legal Updates
The Los Angeles City Council on Wednesday passed the amended Right of Recall and Worker Retention ordinances that mandate businesses in the hospitality industry to rehire workers laid off during the COVID-19 pandemic. The ordinances were originally aimed at all businesses in Los Angeles but will now only apply to workers in hotels with more than 50 guestrooms, event centers, and airport service, as well as janitorial, maintenance, and security workers in commercial buildings. Restaurants, bars, and clubs are exempt, however workers of restaurants physically located on hotel property are also covered.
The recall ordinance will require employers in those industries to offer former workers their positions back based on seniority, in writing by mail, email, and text messages. Former workers will have five (5) days to respond to the employment offer. Managers and supervisors are specifically excluded from coverage. Significantly, the ordinance creates a private cause of action for qualified laid-off workers, including reinstatement, lost pay, benefits, and punitive damages.
The City’s retention ordinance requires employers to keep employees for ninety (90) days if a business changes ownership.
In his Wednesday address, Mayor Eric Garcetti announced that he had signed the right-of-recall ordinance and worker retention ordinance into law.
We will continue to monitor the ever-changing landscape and provide updates as new issues continue to develop as a result of the pandemic caused by the COVID-19 virus. Click here for more details on how the Right of Recall and Worker Retention ordinances will impact your Los Angeles based business and visit our website.
For a printable PDF of this article, click here.
THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.