The Governor signed a bill on Friday, April 16, 2021, requiring certain employers who laid off workers during the pandemic to offer those workers available positions when jobs become available. Senate Bill 93 takes effect immediately and applies to employers who operate hotels, private clubs, event centers, airport hospitality operations, airport service providers, or building services (such as janitorial, building maintenance, or security services) to office, retail, or other commercial buildings.
Senate Bill 93
Through December 31, 2024, all employers covered under SB 93 are required to offer laid-off employees information about job positions that become available for which the employees are qualified, and to offer positions to those laid-off employees based on a preference system. An employee is “qualified” if he or she held the same or similar position at the time of lay-off. In addition, only employees who were employed by the employer for 6 months or more in the 12 months preceding January 1, 2020 and whose separation was COVID-related are covered under this bill. If more than one laid-off employee is “qualified,” the employer must first offer the position to the employee with the greatest length of service based on hire date. Employees must be given at least 5 days to respond to the offer.
Employers who decline to recall a laid-off employee for lack of qualifications must provide that employee written notice within 30 days. Employers are also required to retain records for at least 3 years (measured from the date of layoff) of the employee’s full name, job classification, date of hire, and last known address, email, and phone number, in addition to a copy of the notice of layoff.
