Existing law requires certain employers in the hospitality, building services, airport, and event industries to offer available job positions to qualified laid-off employees who were separated from employment on or after March 4, 2020, for reasons related to the COVID-19 pandemic. Employers must offer positions based on a preference system that prioritizes employees with the greatest length of service and must maintain records of layoff and recall communications for at least three years. The law also prohibits retaliation against laid-off employees who seek to enforce these rights and authorizes enforcement by the Division of Labor Standards Enforcement (DLSE) through civil penalties and reinstatement remedies.
AB 858 extends the operation of the worker recall and retention requirements from December 31, 2025, to January 1, 2027, and preserves existing enforcement mechanisms, including employee rights to reinstatement, backpay, and benefits, as well as civil penalties of $100 per affected employee and $500 per day in liquidated damages for ongoing violations. It continues to grant the DLSE exclusive authority to enforce these provisions and authorizes courts to issue injunctive relief.
Most nonprofits will not be impacted by AB 858, though there may be some rare exceptions, and nonprofits concerned about potential coverage should speak with counsel.
(AB 858 amends Section 2810.8 of the Labor Code.)