San Jose's 2020 Hotel Worker Right of Recall ordinance and California SB-93 require hotel operators to offer laid-off workers their old jobs back when positions reopen. Recalls go to laid-off workers in seniority order before new hires, with private right of action for violations.
After pandemic-era layoffs, San Jose adopted a Hotel Worker Right of Recall ordinance in 2020 covering hotels with 50 or more rooms inside city limits. The ordinance requires that when a covered position becomes available, the operator must offer it first in seniority order to qualified laid-off workers from before the closure or reduction in force. California then enacted SB-93 in 2021 (Labor Code Β§2810.8), creating a parallel statewide right of recall for hotel, event, airport, and building service workers laid off during the COVID emergency. Operators must keep records of laid-off workers, send written recall notices, and document refusals. Workers have a private right of action and may also file with the California Labor Commissioner.
Failure to offer recall before hiring new workers triggers SB-93 civil actions with reinstatement, back pay, damages, and attorneys' fees. The Labor Commissioner may assess penalties up to $500 per worker per day; SJ ordinance adds local enforcement.
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