California Department of Labor Issues FAQ for Right to Recall Law
As many hospitality employers in California are returning to work, the California Department of Labor has released a new FAQ to help employers navigate the state’s recent right to recall law.
This law, Labor Code section 2810.8, requires employers to attempt to recall employees laid off due to the pandemic prior to hiring others for a newly opened position. The law took effect earlier this year, on April 16th, 2021, and applies until December 31st, 2024.
One of the most important provisions clarified in this new FAQ is the employee’s continuous right to recall. This means that if a former employee is recalled and refuses a job, they still possess the right to recall for all future job opportunities. Thus, the employer must still offer them all jobs similar to the one which they originally held prior to being laid off. Employers may send out conditional offers to several employees simultaneously and make the final decision based upon the seniority of the employees who accept.
Other important details clarified in this FAQ include: