Monterey County Municipal Code Ch. 3.16 Hospitality Worker Right to Recall

Footnotes:

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Editor's note— Ord. No. 5353, adopted May 4, 2021, set out provisions that were not specifically amendatory. At the editor's discretion, these provisions have been included herein.

This chapter shall be known as the "Hospitality Worker Right to Recall" Ordinance, shall supplement the provisions of SB 93 as effective April 16, 2021, and applies in the unincorporated area of the County of Monterey.

(Ord. No. 5353, § 2, 5-4-2021)

A. A laid-off employee (as defined in Labor Code section 2810.8) may bring an action in the Superior Court of the State of California against an employer for violations of Labor Code section 2810.8 and may be awarded:

1. Hiring and reinstatement rights pursuant to this chapter;

2. Actual damages (including, but not limited to, lost pay and benefits) suffered by the laid-off employee, and statutory damages in the amount of one thousand dollars ($1,000.00), whichever is greater; and

3. Reasonable attorney fees and costs to a laid-off employee who prevails in any such enforcement action. Punitive damages are specifically not authorized to be recovered.

B. A civil action pursuant to this chapter by a laid-off employee alleging a violation of any provision of the article shall commence only after the following requirements have been met:

1. The laid-off employee had provided written notice to the employer of the provisions of the chapter alleged to have been violated and the facts supporting to alleged violation; and

2. The employer is provided fifteen (15) days from receipt of the laid-off employee's written notice to the employer to cure any alleged violation.

(Ord. No. 5353, § 2, 5-4-2021)