The Californian government has passed a law on ‘rehiring and retention’, creating a new labor code. The law requires companies in the hospitality industry to rehire the employees who were laid off due to the COVID19 pandemic, before filling the vacant positions with new candidates post pandemic.
The law further states that every employer must provide a minimum of five days’ notice to the candidates to respond to the job offers. The employers should also offer the position to people on the basis of their seniority in case of more than one candidate for a single position.
The law has been made immediately effective and will continue to remain so till December 31, 2024. As per the law, organisations will have to maintain a record of the rehiring including the offer letters issued, for three years. In case of any breach, the employers may have to pay heavy penalties.
The organisations will be mandated to offer the letter of rehiring within five days of establishing the vacancy. The employers have to address the candidates physically or through the last contact details available with the company. In addition, the employees will also be allowed a period of five days to respond to the notice. The qualification of an employee will be determined on the basis of the position he was serving before or during layoff.