Law gives laidoff the right to old jobs
Some laidoff leisure and hospitality workers may have another chance at getting their old jobs back after Gov. Gavin Newsom signed a bill Friday that will create a right to reemployment for those who lose their jobs during the pandemic.
The bill is a somewhat pareddown version of a similar unionbacked effort Newsom vetoed late last year. He said it would put too great of a burden on businesses, at the time. But with the coronavirus vaccines increasingly available and counties in California loosening restrictions on businesses, the measure had a better chance at becoming law this time around.
The bill is aimed broadly at the hospitality industry, and would include workers at hotels, event centers, airports and other businesses who worked for a business for a minimum of six months in 2019.
“As we progress toward fully reopening our economy, it is important we maintain our focus on equity,” said Gov. Newsom in a statement. “SB 93 keeps us moving in the right direction by assuring hospitality and other workers displaced by the pandemic are prioritized to return to their workplace.”
The legislation is less expansive than the one previously vetoed by the governor. It expires in 2024 and is aimed more squarely at workers who lost their jobs because of the pandemic. Enforcement will also be up to the state through fines instead of workers being able to bring suit in court.
As with the prior legislation, business groups, including the California Chamber of Commerce, opposed the measure, saying it will hamper businesses already on the ropes because of the pandemic’s economic effects.
The bill “places additional onerous burdens on the (hospitality) industry as it struggles to reopen, that will ultimately slow down rehiring and their recovery,” the chamber’s Executive Vice President Jennifer Barrera wrote in a letter to legislators sponsoring the bill, who include State Senator Nancy Skinner, DBerkeley, and Assembly Member Phil Ting, DSan Francisco.
San Francisco passed its own right to reemployment ordinance last week covering certain workers after repeatedly extending similar emergency measures during the pandemic.
California’s leisure and hospitality industries, previously a cornerstone of the state’s economy, have been hit the hardest because of the pandemic. State figures show the industry is recovering, adding back more than 40,000 jobs in March, but is still down more than half a million positions since March 2020.
Unions, including Unite Here, have supported the justsigned bill, but aren’t sure exactly how it will play out for some of their members.
On the first day of races with fans attending since the pandemic began, about three dozen workers at Golden Gate Fields and members of Unite Here Local 2850 picketed the racetrack, saying they have been left without jobs while management posts jobs seeking a younger and cheaper workforce.
The legislation will likely include the track and its workforce since it would apply to certain event centers that are over 50,000 square feet or have 1,000 seats.
Workers and union reps said they haven’t received calls to come back to work, even though the track has posted jobs on Craigslist seeking positions like “Digital Line Ordering Cook” and “Digital Ordering Dishwasher.”
Some of the protesters said they had been working at Golden Gate Fields for more than three decades. They’ve been out of work since the pandemic began last March.
“I say this is cruel, meanspirited and unnecessary,” said Maurice Schwartz, 69, a host at the Turf Club restaurant for more than 20 years. “They’re trying to delegitimize our existence.”
Representatives from Golden Gate Fields did not respond to emails seeking comment about that claim. A manager on site declined to comment.
“I’ve been waiting to be called,” said Amparo Mullins, 83, a manager at one of the racetrack’s pizza stands. “What they’re doing to us senior people is not right.”
Ty Hudson, an organizer for Unite Here Local 2850, said he is concerned the techfocused job posting might sideline his members, speaking earlier on Friday before the governor signed the measure.
“We learned this week the management is creating new job classifications for the food service operations that have to be modified somewhat due to COVID restrictions,” Hudson said.
“We just hope the track will not try and say this is a totally different position,” he added.
Even if the bill passes, Hudson said businesses may try to circumvent the law.
“I’m not accusing them of trying to get around the bill, we don’t know that yet,” he said. “We are concerned about it.”