Hospitality Worker Right to Recall Ordinance
The hospitality and hotel industry has been hit harder by the COVID-19 pandemic than any other. The long term unemployed find it increasingly difficult to rejoin the workforce. The Hospitality Worker Right to Recall Ordinance was created to help those who lost their jobs in hotels (offering more than 50 guest rooms) and event centers (offering at least 50,000 rentable square feet or 2,000 fixed seats) in the city.
It ensures that, when rehiring begins, covered employers prioritize former employees who were separated from their jobs due to the pandemic. It is effective May 1, 2021.
Download the Hospitality Worker Right to Recall FAQs below to gather information on implementation and enforcement.
Who is protected under the ordinance?
Any employee who meets all three of the following conditions for the same covered employer is protected:
- Employed at least 6 months from March 13, 2019 to March 13, 2020 (including at least 80 hours of work performed in the City);
- “Lay-off” occurred after March 13, 2020; and
- “Laid off” due to lack of business or other economic, non-disciplinary reason.
What are employers required to do?
Employers must give first priority for an offer to qualified employees, in order of seniority, who held the same position, or a similar position, when they were laid off. A position is “similar” to another position if it is in the same department/area and requires comparable skills and duties.
If there is no employee who held the same or similar position at the time of lay off, or none of these employees accept an offer, then the Employer must offer the position to laid off employees, in order of seniority, who can become qualified with the same training that would be provided to a new employee.
If a laid off employee formerly held a position that required comparable (or greater) professional and educational qualifications, that employee likely can be trained for the new position and should receive an offer. Especially for entry-level positions, many former employees will be able to perform a variety of positions at a hotel or event center even if they did not previously perform that specific job.
Employers may not hire outside the pool of qualified, laid-off employees unless and until no qualified, laid-off employee accepts an offer for that position. Employers may make simultaneous, conditional offers.
For all of the fine print, read the ordinance text here: Hospitality Worker Right to Recall ordinance