Right to Recall

Right to Recall Highlights

Adoption Date: April 5, 2022

Effective Date: 30 days after adoption

Right to Recall Ordnance N0 22-001

What is Right to Recall?

  • After layoff, workers “recalled” back to work on a length of service (seniority) basis
    1. All workers who previously held (or can be trained to hold) a position are notified of opening
    2. Time period for employee response-10 calendar days
    3. Position offered to longest-tenured responding employee
  • Policy Objective

Mitigate the effects of the COVID-19 pandemic on hotel and card room workers by providing a right to recall that reflects the following unique circumstances:

  • Hotels and Card Room businesses were severely impacted by COVID-19 activity restrictions
  • Hotels and Card Room businesses laid off a significant number of their employees
  • The Collective Bargaining Agreements (where applicable) do not provide a recall right that accommodates the length of temporary layoffs experienced during the pandemic

Covered Employers:

Hotels and Card Room with or without CBA

Applicable Period of Time Covered:

Declared Emergency by City Manager on March 17, 2020 due to actual or threatened conditions of disaster or extreme peril to the safety of persons and property within the City of Emeryville caused by the COVID-19 declared Emergency

Laid Off Employee:

Employee who was employed for six months or more in the 12 months preceding the COVID-19 Declared Emergency, and whose most recent separation from active service occurred during the Emergency


  • Laid off employee is given 10 calendar days from date of receipt of notification of position to accept or decline
  • Employer may decline to recall laid off employee for disciplinary reasons but must prove written notice of decision within 30 days
  • Employer must retain records for at least three years from date of separation of each laid off employee including: legal name, classification at time of separation, date of hire, last known address and phone number and a copy of written notice regarding layoff
  • Rules applicable to all employees regardless if they are represented by collective bargaining agreement or not
  • Should employer change ownership, organizational change, or all assets of the employer are acquired by another entity but conducts same or similar operations; after separation occurs for laid off employees, rules still apply


Private Right of Action