SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.
One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following Governor Gavin Newsom’s signing of Senate Bill (SB) 93.
Workers Who Could be Impacted: Workers Throughout California in the Hospitality and Business Services Industries, Including Hotels, Airports, and Large Event Centers
On December 16, 2020, SB 93, entitled “Employment: rehiring and retention: displaced workers: COVID-19 pandemic” was introduced in the California State Senate by its lead authors, the Senate Committee on Budget and Fiscal Review.
The Legislative Counsel’s Digest of SB 93 provides in part, “[t]his bill would, until December 31, 2024, require an employer…to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system…The bill would define the term ‘laid-off employee’ to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired.
This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any laid-off employee for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions…
This bill would declare that it is to take effect immediately…”
On January 21, 2021 SB 93 passed the California State Senate. On April 12, 2012 SB 93 passed the California State Assembly. On April 15, 2021 the Senate concurred with the Assembly’s amendments, and the Bill was presented to the Governor.
On April 16, 2021 Governor Gavin Newsom signed SB 93 into law and it took immediate effect.
We hope these updates are helpful to you.
SR Holguin, PC