Petaluma Municipal Code Ch. 8.40 Hospitality Worker Right to Recall

This chapter shall be known as the "City of Petaluma Hospitality Worker Right to Recall." (Ord. 2773 NCS §3, 2021.)

The deNnitions set forth in this section shall govern the construction and meaning of the terms used in this

chapter:

A. "Covered enterprise" means a hotel.

B. "Employee" means any person who performs work within the geographic boundaries of the city for an

employer.

C. "Employer" means any person, including a corporate oPcer or executive, who directly or indirectly or through

an agent or any other person, including through the services of a temporary service or staPng agency or similar

entity, owns or operates a covered enterprise within the city and employs or exercises control over the wages,

hours or working conditions of any employee.

D. "Hotel" means a residential building that is designated or used for lodging and other related services for the

public, including but not limited to food and beverage preparation and service and meetings, tradeshows and

conventions, and that contains Nfty or more guest rooms, or suites of rooms. Adjoining rooms do not constitute a

suite of rooms. "Hotel" also includes any contracted, leased or sublet premises connected to or operated in

conjunction with a hotel.

E. "Laid-oQ employee" means any employee who was employed by the employer for six months or more in the

twelve months preceding January 31, 2020, and whose most recent separation from active service occurred after

January 31, 2020, and was due to a government order, lack of business, a reduction in force or other economic,

nondisciplinary reasons.

F. "Length of service" means the total of all periods of time during which an employee has been in active service

for an employer, including periods of time when the employee was on leave or on vacation.

G. "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership,

limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any

other legal or commercial entity, whether domestic or foreign.

(Ord. 2773 NCS §3, 2021.)

A. Employers shall oQer their laid-oQ employees in writing, by registered mail to the laid-oQ employee’s last

known physical address, and by email and text message to the extent the employer possesses such information,

all job positions which become available after this chapter’s eQective date for which the laid-oQ employees are

qualiNed. A laid-oQ employee is qualiNed for a position if the laid-oQ employee:

1. Held the same or similar position at the covered enterprise at the time of the laid-oQ employee’s most

recent separation from active service with the employer; or

2. Is or can be qualiNed for the position with the same training that would be provided to a new employee

hired into that position.

Employers shall oQer positions to laid-oQ employees Nrst to laid-oQ employees that qualify under subsection (A)(1)

of this section, and second to laid-oQ employees that qualify under subsection (A)(2) of this section. Where more

than one laid-oQ employee is entitled to preference for a position, employers shall oQer the position to the laid-oQ

employee with the greatest length of service for the covered enterprise.

B. A laid-oQ employee who is oQered a position pursuant to this chapter shall have no less than ten days from

the date of receipt of the mailed oQer to accept or decline the oQer. Employers may make simultaneous,

conditional oQers of employment to laid-oQ employees, with the Nnal oQer of employment conditioned on

application of the priority order set forth in subsection A of this section.

C. An employer that declines to recall a laid-oQ employee because the employee is not qualiNed for the position

and instead hires someone other than a laid-oQ employee shall provide the laid-oQ employee a written notice

within thirty days specifying the basis for determining the laid-oQ employee is not qualiNed for the position.

D. The requirements of this chapter shall apply to covered enterprises notwithstanding the occurrence of any of

the following:

1. The ownership of the employer changed after a laid-oQ employee’s separation from employment, but

the covered enterprise is conducting the same or similar operations as before January 31, 2020;

2. The form of organization of the employer changed after January 31, 2020;

3. Substantially all of the assets of the employer were acquired by another entity which conducts the same

or similar operations using substantially the same assets;

4. The employer relocated the covered enterprise at which a laid-oQ employee was employed before

January 31, 2020, to a diQerent location within the city; or

5. Any combination of the circumstances described in subsections (D)(1) through (4) of this section.

(Ord. 2773 NCS §3, 2021.)

A. Written Notice of Layo5. Employers shall provide laid-oQ employees written notice of layoQ, either in person or

to the laid-oQ employee’s last-known address, and by text and email to the extent the employer possesses such

information. Such notice shall be provided at the time of layoQ or within twenty days of the eQective date of this

chapter if the layoQ took place before such date. Employers shall provide notice to each laid-oQ employee in a

language understood by the laid-oQ employee. Written notices of layoQ required pursuant to this section shall

include the following:

1. A notice of the layoQ and the layoQ’s eQective date; and

2. A summary of the right to reemployment created by this chapter, or clear instructions on how an

employee may access such information.

B. Retention of Records. Employers shall retain the following records for at least two years for each laid-oQ

employee: the employee’s full legal name; the employee’s job classiNcation at the time of separation from

employment; the employee’s date of hire; the employee’s last known address of residence; the employee’s last

known email address; the employee’s last known telephone number; and a copy of the written notice of layoQ

provided to the employee. For the purposes of this subsection, the two-year retention period shall be measured

from the date of the written notice of layoQ required pursuant to this section.

(Ord. 2773 NCS §3, 2021.)

No employer may refuse to employ, terminate, reduce the compensation of, or otherwise take any adverse action

against any person for seeking to enforce his or her rights under this chapter by any lawful means, or for

participating in proceedings related to this chapter, or for opposing any practice proscribed by this chapter, or for

otherwise asserting rights under this chapter. This section shall apply to protect any employee who mistakenly,

but in good faith, alleges an employer’s noncompliance with this chapter. (Ord. 2773 NCS §3, 2021.)

A. This chapter may be enforced in a civil action in superior court brought by the city or by one or more

employees for and on behalf of themselves, or by an agent or representative designated by one or more

employees to bring an action for and on behalf of the employee(s).

B. If the court Nnds that an employer has violated this chapter, the court may enjoin the employer from

engaging in such violation, and order such aPrmative action as may be appropriate, which may include, but is not

limited to, reinstatement or hiring of employees, with or without back pay, including fringe beneNts, or any other

equitable relief as the court deems appropriate. Interim earnings or amounts earnable with reasonable diligence

by an aggrieved employee shall operate to reduce the back pay or lost wages that otherwise may be ordered by

the court pursuant to this subsection. Before interim earnings are deducted from back pay or lost wages, there

shall be deducted from the interim earnings any reasonable amounts expended by the employee in searching for,

obtaining, or relocating to new employment. The court may also order compensatory and punitive damages if the

court Nnds that an employer violated this chapter with malice or with reckless indiQerence to the requirements of

this chapter, and may award treble damages on behalf of an employee terminated in violation of Section 8.40.050.

C. If it is established that a laid-oQ employee exercised the employee’s rights under this chapter or alleged in

good faith that an employer was not complying with this chapter, and the employer thereafter refused to employ,

terminated, demoted or otherwise took adverse action against the employee, and that action took place within

sixty days after exercise of the employee’s rights under this chapter, then a rebuttable presumption shall arise that

the employer’s action was taken in violation of Section 8.40.050. To rebut the presumption, an employer must

prove that the employer took the action for a legitimate business reason. Laid-oQ employees may establish that an

employer’s action was taken in violation of Section 8.40.050 by proving that an employer’s asserted legitimate

business reason is pretextual.

D. The court shall award plaintiQs that prevail in any legal action taken pursuant to this chapter reasonable

attorney’s fees, expert witness fees and costs as part of the costs recoverable.

(Ord. 2773 NCS §3, 2021.)

The city manager may in his or her sole discretion promulgate and enforce rules and regulations, and issue

determinations and interpretations, consistent with and necessary for the implementation of this chapter. Such

rules and regulations, determinations, and interpretations shall have the force of law and may be relied upon by

employers, employees, and other persons to determine their rights and responsibilities under this chapter. (Ord.

2773 NCS §3, 2021.)

This chapter applies to all employees as deNned herein regardless of whether they are represented for purposes

of collective bargaining or are covered by a collective bargaining agreement. Nothing in this chapter shall be

construed to invalidate or limit the rights, remedies and procedures of any contract or agreement that provides

equal, additional, or greater protections for employees compared with the protections aQorded by this chapter.

(Ord. 2773 NCS §3, 2021.)

The purpose of this chapter is to establish minimum labor standards. This chapter does not preempt or prevent

the establishment of superior employment standards (including higher wages) or expansion of the applicability of

or the rights established by this chapter by ordinance, resolution, contract, or any other action of the city. This

chapter shall not be construed to limit a discharged employee’s right to bring a cause of action for wrongful

termination. (Ord. 2773 NCS §3, 2021.)