Employment: rehiring and retention: displaced workers: natural disasters.

Assembly Member Lee's proposal to amend California's worker recall requirements would extend job protection measures beyond COVID-19 to cover employees displaced by any declared state of emergency. The legislation expands the definition of "laid-off employee" to include workers separated from employment on or after January 1, 2025, due to circumstances related to a proclaimed state or local emergency, while maintaining existing protections for those affected by pandemic-related layoffs since March 2020.

Under the amended provisions, employers must offer available positions to qualified laid-off employees within five business days, prioritizing those with longer service lengths. The bill creates a presumption that separations due to lack of business or other economic factors during a declared emergency are related to that emergency, unless employers prove otherwise. Employers must maintain detailed records of layoffs and recall offers for three years and provide written explanations when choosing to hire new workers over laid-off employees.

The Division of Labor Standards Enforcement would continue as the exclusive enforcement authority, with the power to investigate complaints, issue citations, and pursue civil actions. Employers found in violation face civil penalties of $100 per affected employee plus $500 per employee for each day the violation continues. The measure would remain in effect through December 31, 2027, extending the current sunset date by two years.