Blog

How Does California’s “Right to Recall” COVID-19 Law Affect You As An Employee?

Employment Law January 5th, 2022
1Uoeq6ZyKlVgnuSqAssWeK4knmEUS3u1jYEm6AS0-e1641403299566 1Uoeq6ZyKlVgnuSqAssWeK4knmEUS3u1jYEm6AS0-e1641403299566

The Right to Recall Law or SB 93 is one of the state labor laws covering employees terminated during the Covid-19 shutdown. SB 93 outlines what employers are to do when a job opening occurs that was held by a former employee whose termination was part of the COVID-19 shutdown.

 

The Covid 19 Laws

 

SB 93 is enforceable through the Division of Labor Standards and Enforcement and ends on December 31, 2024. The Law affects what your employer is responsible for if you were terminated for reasons associated with COVID-19.

 

Here are some of the responsibilities that employers face when complying with SB 93:

 

  1. Employers must offer laid-off employees information about open job positions that laid-off employees are qualified to perform. 1A: The employer has five days to do so and must wait an additional five days to hear from the employee.
  2. Employers are required to offer open positions to qualified employees who were laid off before hiring somebody who hasn’t worked for your company before.
  3. An employee qualifies if they were employed for a minimum of six months from January 1, 2019 – January 1, 2020, and the termination/lay off was specifically related to COVID-19.
  4. Employers must keep accurate employment records that involve communication between you and the company. Those communications would include offers to return to work, job notices, and employee termination notices. Your employer will also need to keep any written communication about why you were not hired back and a new person was.
  5. Employers are prohibited from retaliation against any employee who files claims with the Division of Labor regarding open position fulfillment, wage issues, or other penalizing actions.

Large cities, such as San Francisco, are expected to be heavily impacted by the Covid-19 Law. SB 93 clarifies that your employer is not to use the COVID-19 pandemic to remove specific groups of employees, even those who may make higher wages.

 

What Can “Laid-off” Workers Do?

 

If you are an employee who qualifies as an SB 93 “laid-off worker,” and you feel that your employer has violated the labor code in terms of your dismissal, recall to work, or other labor issues, you have rights. To learn about those rights and see if your case falls under the protection of SB 93, call our legal experts at Davtyan Law Firm. We represent clients in Los Angeles, San Francisco, San Diego, and other areas of California. We are here to help answer your questions and pursue legal options available to you. Call us today at (818) 275-5799 for a free consultation!

Share article

Related Articles

brief of medical confidentiality-file with confidential written on it coming out of a filing cabinet
Discrimination and Harassment March 30th, 2026
What Is a Breach of Medical Confidentiality in the Workplace?
As an employee, you have the right to certain privacy protections. You shouldn't need to unnecessarily disclose medical information to an employer, and your confidential medical details should generally be safe and private when you do have to provide them. A breach of medical confidentiality in the workplace could give rise to legal claims.  If you think your employer has violated your medical confidentiality rights, consulting employment attorneys can help you understand your legal options. 
constructive dismissal claims-man standing on conveyor belt heading out of a garage setting
Employment Law March 17th, 2026
Understanding Constructive Dismissal Claims
If your employer has created intolerable working conditions, you may feel like you are caught between a rock and a hard place. You want to leave your job and find a better place of employment, but you worry that quitting will cost you your legal rights. 
Layoffs-Man standing at fork in the road.
Employment Law February 10th, 2026
What SB 617 Means for Employees Facing Layoffs in 2026
The California WARN Act requires employers to provide reasonable notice to workers before mass layoffs. In January 2026, Senate Bill 617 went into effect, expanding the notifications employers must provide under the WARN Act.  If you are facing a layoff in California in 2026, your employer must adhere to the new provisions under SB 617. Failure to do so could leave them liable for your damages.  Here is what you need to know about SB 617. 
Vector

Ready to get started?

Contact us now for a free consultation to find out how we can help you.