California Law Alerts
July 2020

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On June 23, 2020, the San Francisco Board of Supervisors passed an emergency ordinance (No.200455) creating a right to reemployment for certain employees laid off due to the COVID-19 pandemic if their employer seeks to fill the same position previously held by a laid-off worker, or a substantially similar position. Mayor London Breed returned the ordinance unsigned but San Francisco City Charter allows it to take effect within 10 days of the mayor receiving it.

Under the emergency ordinance, employers that own or operate businesses in the City or County of San Francisco, and have 100 or more employees as of February 25, 2020, must provide workers with written notice of a layoff before the layoff becomes effective and in a language the worker understands. Employers who laid employees off as of February 25, 2020, but prior to the July 3rd (the ordinance’s effective date) have 30 days from July 3rd to provide the notice to employees.

The required notice must include:

  • Notice of the layoff and its effective date;
  • Summary of the right to reemployment created by the ordinance; and
  • Telephone number for the San Francisco’s Office of Economic and Workforce Development hotline, which workers may call to get information about reemployment rights and other unemployment resources.

The ordinance also has notification to the City requirements, 2-year record retention requirements, reemployment rights, nondiscrimination protections, and remedies for violations. The ordinance does not apply to healthcare operations. The ordinance took effect July 3, 2020 and expires in 60 days.