Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that expands a COVID-era reinstatement rights law to cover employees laid off due to any state or locally declared emergency in California.

Highlights:

• Defines “laid-off employee,” for the purpose of this Act, as an individual employed for 6 months or more who was laid off after March 4, 2020 as a result of the COVID-19 pandemic (Sec. 1).

• Specifies that within 5 business days of establishing a position, an employer shall offer its laid-off employees information on all job positions that become available after the effective date (Sec. 1).

• Authorizes the employer to offer positions to laid-off employees in an order of preference and offer the position to the laid-off employee with the greatest length of service based on the employee’s date of hire for the enterprise (Sec. 1).

• Specifies that a laid-off employee is given at least 5 business days to accept an employment offer (Sec. 1).

• Requires an employer to retain all records for the last 3 years including (Sec. 1):

• The employee’s last known address;

• The employee’s date of hire;

• The employee’s full legal name;

• The employee’s job classification at the time of separation;

• The employee’s last known email address;

• The employee’s last known telephone number; and 

• A copy of written notices regarding the layoff.

• Requires an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days (Sec. 1).

• Authorizes a laid-off employee to file a complaint with the Division of Labor Standards Enforcement for violations of this section and specifies that they may be awarded any of the following (Sec. 1):

• Hiring and reinstatement rights pursuant to this section;

• Frontpay or backpay for each day during which the violation continues, which shall be calculated at a rate of compensation; and

• Value of the benefits the laid-off employee would have received under the employer’s benefit plan.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that expands a COVID-era reinstatement rights law to cover employees laid off due to any state or locally declared emergency in California.

Highlights:

• Defines “laid-off employee,” for the purpose of this Act, as an individual employed for 6 months or more who was laid off after March 4, 2020 as a result of the COVID-19 pandemic (Sec. 1).

• Specifies that within 5 business days of establishing a position, an employer shall offer its laid-off employees information on all job positions that become available after the effective date (Sec. 1).

• Authorizes the employer to offer positions to laid-off employees in an order of preference and offer the position to the laid-off employee with the greatest length of service based on the employee’s date of hire for the enterprise (Sec. 1).

• Specifies that a laid-off employee is given at least 5 business days to accept an employment offer (Sec. 1).

• Requires an employer to retain all records for the last 3 years including (Sec. 1):

• The employee’s last known address;

• The employee’s date of hire;

• The employee’s full legal name;

• The employee’s job classification at the time of separation;

• The employee’s last known email address;

• The employee’s last known telephone number; and 

• A copy of written notices regarding the layoff.

• Requires an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days (Sec. 1).

• Authorizes a laid-off employee to file a complaint with the Division of Labor Standards Enforcement for violations of this section and specifies that they may be awarded any of the following (Sec. 1):

• Hiring and reinstatement rights pursuant to this section;

• Frontpay or backpay for each day during which the violation continues, which shall be calculated at a rate of compensation; and

• Value of the benefits the laid-off employee would have received under the employer’s benefit plan.

Full Bill Text