Los Angeles County has taken a significant step in reshaping local employment law by permanently extending worker recall and retention protections that were first adopted as emergency measures during the COVID-19 pandemic. Effective November 6, 2025, the County’s updated ordinance makes these rights an enduring part of the Los Angeles County Code, imposing ongoing compliance obligations on certain employers operating in unincorporated areas of the County.
This permanent extension primarily affects employers in the hospitality, janitorial, maintenance, and security sectors, and it formalizes recall and retention requirements that many businesses previously viewed as temporary pandemic-era rules.
From Temporary COVID Measures to Permanent Law
Los Angeles County initially enacted Right of Recall and Right of Retention ordinances in May 2020 to address mass layoffs caused by the pandemic. In 2025, the County Board of Supervisors voted to make those protections permanent, codifying them as:
- Chapter 8.201 (Right of Recall) of Title 8 of the Los Angeles County Code; and
- Chapter 8.202 (Right of Retention) of Title 8 of the Los Angeles County Code.
While the permanent ordinances largely preserve the structure of the original COVID-era rules, they include key updates—most notably an expanded response period for recall offers—and clarify that any waiver of these rights must be expressly stated in a clear and unambiguous collective bargaining agreement.
Which Employers Are Covered?
The ordinance applies only to employers operating in the unincorporated areas of Los Angeles County and is limited to specific industries.
Covered Employers Include:
Commercial Property Employers
Owners, operators, managers, or lessees of non-residential property—including contractors and subcontractors—who employ 25 or more janitorial, maintenance, or security service workers.
Hotel Employers
Owners, operators, or managers of hotels with:
- 50 or more guestrooms, or
- More than $5 million in gross receipts in the prior fiscal year.
Hotel coverage also extends to owners and operators of restaurants located on hotel premises.
Employers Not Covered:
- Non-profit organizations
- Federal, state, or local government agencies
Employers located within incorporated cities in Los Angeles County should note that separate city ordinances may apply and should not assume exemption without legal review.
Permanent Right of Recall Requirements
Under the permanent Right of Recall ordinance, covered employers must prioritize eligible laid-off workers before hiring new employees for available positions.
Who Is a “Laid-Off Worker”?
A worker is eligible for recall protection if they:
- Worked at least two hours per week for a covered employer;
- Accumulated six months or more of service; and
- Were laid off for economic, non-disciplinary reasons on or after March 4, 2020.
The ordinance creates a rebuttable presumption that any termination occurring on or after March 4, 2020, was for non-disciplinary reasons, shifting the burden to the employer to prove otherwise.
Recall Offer Process
Employers must:
- Make recall offers via mail, email, and text message to the worker’s last known contact information;
- Keep the offer open for at least ten business days (an increase from the previous five-day period); and
- Base recall priority on job similarity and length of service.
Employers are also required to maintain documentation of all recall offers and employee responses, as failure to do so may increase exposure in enforcement actions.
Permanent Right of Retention Protections
The Right of Retention ordinance applies when a covered business undergoes a change in ownership or control, such as a sale, transfer, or lease assignment.
Obligations During a Business Transfer
When a covered business changes hands:
- The outgoing employer must provide the successor employer with a list of eligible workers within 15 days of the transfer;
- The successor employer must offer employment to eligible workers from that list for at least six months after reopening; and
- If fewer workers are needed, retention decisions must be based on seniority.
90-Day Transition Period
Employees hired under the Right of Retention are entitled to a 90-day transition period, during which:
- They may only be discharged for cause; and
- They must receive a written performance evaluation at the conclusion of the 90 days.
Any offers of employment must be made in writing and remain open for at least five business days.
Enforcement, Remedies, and Collective Bargaining Waivers
The permanent ordinances continue to prohibit retaliation against workers who assert their recall or retention rights. Employees may enforce these rights through civil actions after providing the employer with 15 days’ notice to cure alleged violations.
Available remedies may include:
- Reinstatement;
- Back pay and lost benefits;
- Statutory damages; and
- Attorneys’ fees and costs.
Importantly, the ordinances allow waivers only through collective bargaining agreements that expressly and unambiguously waive the recall or retention provisions. General or implied waivers are insufficient.
What This Means for Employers
By making COVID-era recall and retention rules permanent, Los Angeles County has created long-term compliance obligations for covered employers in the hospitality and commercial property sectors. Employers should review existing layoff, hiring, and acquisition practices, update written policies, and ensure that management teams understand the extended timelines and documentation requirements.
Failure to comply can result in costly litigation and operational disruptions, particularly during ownership transitions or post-layoff rehiring.
Legal Guidance for Employers
Navigating permanent Right of Recall and Right of Retention requirements requires careful legal analysis, especially for employers with complex staffing models or frequent property or business transfers. Experienced employment counsel can help assess coverage, implement compliant procedures, and mitigate litigation risk as these protections continue to shape the Los Angeles County employment landscape.
