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Board adopts back‑to‑work ordinance on unanimous vote to give recall rights to certain workers laid off by COVID‑19
Summary
Supervisors approved an ordinance creating limited rights of reemployment for certain employees laid off during the COVID‑19 pandemic, prioritizing recall by seniority and adding notification and reporting requirements for covered employers.
The Board of Supervisors on June 23 adopted an emergency ordinance intended to give laid‑off workers a limited right to be rehired when their former employer reopens or seeks to fill substantially similar positions following layoffs tied to the COVID‑19 pandemic.
Supervisor Matt Haney and a group of co‑sponsors presented the ordinance as a measure to protect the economic stability and health of workers after unprecedented pandemic layoffs. The ordinance creates a right of first refusal for laid‑off employees for the same or substantially similar position, with priority by seniority within each job classification. It establishes employer notice requirements for layoffs, requires employers to maintain records of laid‑off workers, and directs the Office of Economic and Workforce Development (OEWD) to administer rulemaking and certain implementation tasks.
Key provisions and carve‑outs: The committee amended the draft to exempt small businesses and health‑care employers, to remove a 90‑day retention requirement and to add carve‑outs for misconduct and severance agreements. The ordinance also shifts administration from the Office of Labor Standards and Enforcement to OEWD and includes rulemaking authority for OEWD.
Why it matters: Supervisors said the ordinance aims to prevent employers from permanently replacing long‑tenured workers during a period of massive job losses. Opponents — including some local business owners who testified — warned the new requirements could slow reopenings or impose compliance burdens on small businesses trying to resume operations.
Vote: The board approved the ordinance by roll call. The vote recorded 10 ayes and one no (Supervisor Stephanie). The board adopted committee amendments before the final vote.
