April 26, 2021


Recently passed Senate Bill 93 requires covered employers to offer employees, who are laid off due to COVID, positions based on a preference system.


The Bill applies to employers who operate hotels, private clubs, event centers, airport hospitality services, or building services to office, retail, or other commercial buildings.


Pursuant to the Bill, employees who worked for a covered employer for 6 months or more in the 12 months preceding January 1, 2020 and who were laid off due to a reason related to the COVID-19 pandemic, must be offered all job positions that become available and for which the employee is qualified. The employee is to be given at least 5 business days to respond to the offer. If multiple employees are entitled to a position, the position is to be offered to the employee with the greatest length of service based on the date of hire. If an employer declines to recall a laid-off employee due to lack of qualification, the employer is required to provide the employee written notice within 30 days.


Employers will be required to keep detailed records for at least 3 years for each laid-off employee, measured from their date of lay-off. Required records of laid-off employees must include the following information:

–   Full legal name

–   Job classification at time of separation

–   Date of hire

–   Last known residence address

–   Last known email

–   Last known telephone number

–   Copy of the Notice of Layoff


Enforcement of this Bill will be handled by the Labor Commissioner which means that an employee cannot file a lawsuit in Court, but must take their complaint to the Labor Commissioner.


For questions on this topic, or any other employment matter, please contact the Labor & Employment Department at SBEMP.


SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.