As more counties move toward the Orange Tier on the state reopening guidance, businesses can reopen or operate under less restrictive requirements. This may mean employers need more employees than in the last several months. Though last year, the Governor vetoed a statewide right of recall requirement, several cities still have ordinances in place.

The following cities still have a right of recall ordinance related to COVID-19:

Most of the ordinances require covered employers to offer available positions to qualified employees who were previously laid off due to pandemic mandated closures. Typically, such offers are to be made to employees based on seniority and/or length of service with the Company. Each ordinance requires covered employers to provide employees with a certain period to accept or decline rehire before the employer offers the position to another former employee with less seniority or opens the position to new employees. Covered employers should review the rehire requirements in their locations to ensure they are complying with the various requirements specified.

San Francisco’s right of reemployment recently expired, but the Board of Supervisors is considering a replacement ordinance.

If you have questions on right of recall ordinances or other issues regarding rehire of employees, contact the authors or the Jackson Lewis attorney with whom you regularly work.