Highlights
Impacted Employers:Certain employers in the hospitality, service, and travel industries (see details below)
Effective Date:Extends current rights through Dec. 31, 2026
Summary:California has enacted legislation that extends the recall and reinstatement rights for certain employees in thehospitality, service, and travel industries who were laid off due to the COVID-19 pandemic.
Next Steps:Covered employers should review policies, practices and training to ensure compliance with the extension.
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The Details
Assembly Bill 858
Assembly Bill 858 extends Section 2810.8 through Dec. 31, 2026.
Background
Under Section 2810.8 of the California Labor Code, certain employers in the hospitality, service, and travel industries must provide information to their “laid-off employees” 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 their length of service.
Specifically, Section 2810.8 of the Labor Code applies to:
- Hotels with 50 or more guest rooms.
- Private clubs that operate a building or complex of buildings containing at least 50 guest rooms or suites that are offered as overnight lodging to members.
- Event centers with a structure of more than 50,000 square feet or 1,000 seats.
- Airport hospitality operations that prepare, deliver, inspect, or provide any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the public at an airport.
- Airport service providers that perform functions on the property of the airport that are directly related to air transportation.
- Entities that provide janitorial, building maintenance, or security services to office, retail, or other commercial buildings.
Under Section 2810.8, a “laid-off employee” is one who was employed by the employer for six months or more and whose most recent separation from active employment by the employer occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic, including a public health directive or reduction in force, among other reasons.
Section 2810.8 also includes recordkeeping requirements for employers and prohibits an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against a laid-off employee for seeking to enforce their rights under the law.
Section 2810.8 was set to expire at the end of 2025.
Next Steps
If you are covered by the law, review policies, practices and training to ensure compliance with the extension.