364 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com employees all job positions that become available for which the laid-off employees are qualified. A laid-off employee is qualified for a position if the employee held the same or similar position at the enterprise at the time of the employee’s most recent layoff with the employer.54 The statute calls for enforcement through the DLSA.55 The statute is waivable through a collective bargaining agreement.56 SB 93 will sunset on December 31, 2024. Employees working in the City of Santa Monica who were laid off for economic, non-disciplinary reasons by employers whose worksites are located in designated areas of the city and generate sufficient revenue, are entitled to be recalled if they meet certain criteria.57 A laid-off employee must be given an renewed offer of employment if the employee held the same or similar position at the same site of employment at the time of the employee’s most recent separation from active service with the employer, or is or can be qualified for the position with the same training that would be provided to a new employee hired into that position.58 The ordinance also specifies which qualified employees deserve preference.59 The terms of this ordinance can be waived by collective bargaining agreement, and violations of the ordinance are enforceable by civil action, including an action by the City, with remedies that include an injunction, attorney fees, and punitive damages.60 1 29 U.S.C. §§ 2101-2109. 2 Int’l Bhd. of Boilermakers v. Nassco Holdings, Inc., 17 Cal. App. 5th 1105 (2017); Lab. Code § 1400.5(d). 3 MacIsaac v. Waste Mgmt. Collection & Recycling, Inc., 134 Cal. App. 4th 1076 (2005). 4 Int’l Bhd. of Boilermakers v. Nassco Holdings, Inc., 17 Cal. App. 5th 1 at 1117 (“the entire thrust of the legislative effort in enacting the California WARN Act was to provide greater protection to California workers than was afforded under the federal law”). 5 Lab. Code § 1401(b). 6 Executive Order N-31-20. 7 Lab. Code §§ 1409-1413. 8 Lab. Code § 2808(b) (employers must give notice of all continuation, disability extension, and conversion coverage); see also Lab. Code § 2800.2(a) (employers are solely responsible for notification of conversion coverage rights from group coverage to individual coverage under the Insurance Code (insured plans) and Health and Safety Code (HMOs)). 9 Lab. Code § 2807(a); see also Health & Safety Code §§ 1366.20 et seq. and § 1366.25 (notices). 10 Unempl. Ins. Code § 1089; 22 Cal. Code Regs. § 1089-1. 11 Lab. Code § 2807(b). See Health Insurance Premium (HIPP) Notice to Terminating Employees (DHCS form 9061). This notice must be provided if the terminating employee is eligible for Company-provided health insurance benefits. The form is available on-line at the California Department of Health Services website, https://www.dhcs.ca.gov/services/Documents/DHCS-9061.pdf (last visited Mar. 20, 2022). 12 Lab. Code §§ 201(a), 227.3. 13 Lab. Code § 200; see also DLSE v. UI Video Stores, Inc., 55 Cal. App. 4th 1084 (1997). In Naranjo v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93 (2022), the California Supreme Court reversed the lower court and held that premiums paid for missed meal and rest periods constitute wages that must be reported on wage statements and timely paid at termination. 14 Lab. Code § 227.3. 15 Hagin v. Pac. Gas & Elec., 152 Cal. App. 2d 93 (1957). 16 DLSE Enforcement Policies and Interpretations Manual § 4.6 (2002). 17 Davis v. Morris, 37 Cal. App. 2d 269 (1940). 18 DLSE Enforcement Policies and Interpretations Manual § 4.6.1 (2002). 19 Hale v. Morgan, 22 Cal. 3d 388 (1978). See also Zaremba v. Miller, 113 Cal. App. 3d Supp. 1, 6 (1980); Davis v. Morris, 37 Cal. App. 2d at 274. 20 DLSE Enforcement Policies and Interpretations Manual § 4.6 (2002). 21 Zaremba v. Miller, 113 Cal. App. 3d Supp. at 5. 22 Lab. Code § 206(b). 23 Civ. Code § 1542 (“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”). 24 Lab. Code § 2804 (any express or implied agreement to waive benefits of section 2802—requiring employer indemnification of expenditures or losses employee incurs in direct consequence of job duties—is “null and void”).
RkJQdWJsaXNoZXIy OTkwMTQ4