On April 16th, Governor Gavin Newsom signed into immediate effect Senate Bill 93 which will remain in force until December 31, 2024. The bill requires certain employers to offer new positions to former employees laid off for reasons related to the COVID-19 pandemic. Employers of all sizes must offer all new available job positions to qualified laid-off employees within 5 business days. If more than one laid-off employee is qualified for a position, preference will be given to the employee who had the greatest length of service.
Employers covered by SB 93 include hotels, private clubs, event centers, airport hospitality services or employers that provide building services to commercial buildings. In order to qualify for rehire, the laid-off employee must have worked for the employer for at least 6 months during 2019 and the reason for their termination must have been related to the pandemic, whether it was due to government shutdown order, public health directive, lack of business, a reduction in force or other economic reason that was not for cause.
The Division of Labor Standards Enforcement has exclusive enforcement jurisdiction and employers are prohibited from taking any retaliatory action against laid-off employees seeking to exercise their rights under SB 93. Penalties for noncompliance include a civil penalty of $100 for each laid-off employee whose rights are violated as well as liquidated damages of $500 per employee per day until the violation is remedied.
This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.
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Mahyar was a big part in helping start our company and setting up our corporation. She also went to battle with a Billion dollar Corporation to keep our doors open when they tried everything to shut us down.
In 2008 -2009, our company was involved in a lawsuit with over 1 million dollars claimed against us. Mahyar Ghassemian handled our case expertly and conscientiously. She explained on a regular basis the progress of our case and how each of the actions of our opponent would ultimately affect our case. At no time did we feel alone or compromised as Mahyar boldly stayed her course which eventually provided us with the satisfactory outcome we had hoped to achieve. She will be our first call should the need arise in the future.
Many years ago an insurance carrier hired Mahyar Ghassemian to defend my construction firm in civil litigation. Not only was Ms. Ghassemian very knowledgeable and competent regarding the legal proceedings, but she was also personally vested in our well-being; she cared what happened. She counseled us regarding the various options, listened to our input and proceeded accordingly. In multiple cases with Ms. Ghassemian, we have never experienced a negative outcome. Today my first call when a potential legal issue is on the horizon is to Ms. Ghassemian. She is both extremely effective and cost conscious.
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