Cities across California have begun issuing local ordinances mandating certain employers to rehire certain employees under the “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic” concept.
San Francisco is one of the first cities to pass such an ordinance. The City’s ordinance called the “Back to Work” emergency ordinance requires certain employers, who employed 100 or more employees on or after February 25, 2020, to offer reemployment to “eligible employees” who were laid off due to COVID-19 when such employers resume their business operations and rehire for the same or similar job positions. This ordinance will remain in effect until September 2, 2020, unless extended by the City.
San Francisco’s Office of Economic Workforce Development (“OEWD”) recently published some guidelines regarding the City’s Back to Work emergency ordinance. The guidelines provide: (1) an overview of the City’s ordinance and its reporting requirements; (2) forms that the employers may use to notify the OEWD of layoffs and reemployment offers; (3) a set of helpful FAQs; and (4) OEWD hotlines available to employers and employees for direct inquiries.
Similarly, the cities of Oakland and Los Angeles have also passed a right to reemployment ordinance (also called “Right to Recall”), but such ordinances are limited to industries primarily related to hospitality, such as airports, hotels, event centers, and restaurants.
The links below can be used to locate the above-mentioned ordinances provided by local officials:
- City and County of San Francisco (Full Amended Ordinance – PDF)
- The counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and the City of Berkeley are likely to follow these same policies as they have enacted most COVID-19 orders issued by the City of San Francisco.
- Oakland (Link to Amended Ordinance)
- Los Angeles (Link to Right of Recall Ordinance)
At this time, some cities/counties including San Jose and San Diego have not enacted any ordinances regarding the right to reemployment following a COVID-19 layoff. We will let you know when additional right to rehire ordinances are passed in California cities and counties.
If you have any questions, please do not hesitate to email or call Chris Rasmussen, Managing Partner, Commercial, Trademark, and Privacy at firstname.lastname@example.org or Aakshita Bansal, Legal Extern at email@example.com
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