California DLSE Fines Hotel Nearly $4.8 Million for Violating COVID-19 Right to Recall Law

December 21, 2023 | From HRCalifornia Extra

by Lisa Guzman, J.D.; Employment Law Expert, CalChamber

Nearly four years since the COVID-19 pandemic’s onset, many of California’s COVID-era laws have either been streamlined or are sunsetting — but California employers still must comply with some virus-related laws or risk potentially hefty penalties.

Case in point: The state “right to recall” law for certain employees laid off due to COVID-19, which the California Division of Labor Standards Enforcement (DLSE), better known as the Labor Commissioner’s Office (LCO), enforces.

On October 17, 2023, the DLSE, better known as the Labor Commissioner’s Office (LCO),  issued an expensive citation under this law; it cited a hotel chain’s Long Beach location more than $4.7 million for failing to timely offer:

  • Job positions to 25 employees who were laid off during the COVID-19 pandemic; and
  • Employment when business picked up.
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