L.A. City Council Approves Right-of -Recall and Worker Retention Ordinances for specified businesses

by Phillip L. Reznik

               The L.A. City Council just unanimously passed the attached Right of Recall and Worker Retention Ordinances applicable to specified hotel, event center, airport and commercial property workers. Once the Mayor signs them (which he has indicated he will do), the Ordinances will become effective 31 days thereafter.

 

               During the Council meeting an amendment was introduced to redraft the ambiguous last sentence in Section 200.32(A) of the Right of Recall Ordinance regarding what the Ordinance requires a covered employer do in the event it has already offered rehire to all of its laid-off workers in a given position and wants to hire another worker in that position. The City Attorney clarified that an employer would be free to hire an employee outside of the laid-off worker seniority list if the employee hired has special skills or experience than any of the remaining laid off workers and would therefore require less training.

 

               For example, if a hotel has already made re-hire offers to all of its laid-off concierges, and the next person on the seniority list is a laid-off cook, the hotel is free to hire an experience concierge rather than the laid-off cook because the cook would require more training. After the City Attorney assured Council that the City’s Office of Workplace Standards would promulgate Rules and Regulations clarifying this, the proposed amendment was withdrawn.

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