Right to Recall

Adopted April 5, 2022, effective May 5, 2022.

Right to Recall - Ordinance No. 22-001(PDF, 194KB)

What is the "Right to Recall"?

After layoff, workers are “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 a job opening
  2. Employer allows 10 calendar days for employee responses to the notification
  3. The position is offered to longest-tenured responding employee

Policy Objective

To 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 Rooms and associated operations, regardless of whether employees are covered by a collective bargaining agreement.

Definition of Laid Off Employee

An employee who was employed for six months or more in the 12 months preceding the COVID-19 Declared Emergency (declared on March 17, 2020), and whose most recent separation from active service occurred during the Declared Emergency (declaration terminated February 21, 2023)

Requirements

  • A laid off employee is given 10 calendar days from date of receipt of notification of position to accept or decline
  • The employer may decline to recall a laid off employee for disciplinary reasons but must provide written notice of decision within 30 days
  • The 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 are applicable to all employees regardless of whether they are subject to a collective bargaining agreement or not
  • Should an employer change ownership, undergo an organizational change, or all assets of the employer are acquired by another entity but the acquiring entity conducts same or similar operations; after separation occurs for laid off employees, the right to recall rules still apply

Enforcement

Enforcement of the Right to Recall ordinance is accomplished via the establishment of a right to private action.  Employees who believe their employer has violated the right to recall ordinance are encouraged to seek legal counsel.

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