Rehire Rights Extended for Certain Pre-Pandemic Employees
In 2021, California passed California Labor Code 2810.8, effective through 2024, requiring some hospitality and business service industries to give rehiring preference to workers laid off because of the pandemic. In 2023, the legislature extended that law through 2025.
AB 858 (October, 2025) further extends the rehire right to January 1, 2027. A covered employee is “[anyone] was employed by the employer for six months or more and whose most recent separation from active employment by the employer occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic.”
The law applies to workers in airport or airport hospitality operations and to airport service providers, building services, event centers, hotels, and private clubs. Such employers must notify eligible workers of job openings and prioritize those with the longest service for rehire.
A covered employer must also maintain certain records on laid-off employees, including name, address, last job classification, phone number, notices of job openings sent to the individual and any communications with the employee concerning job offers.
The Department of Labor Standards Enforcement may require offending employers to pay affected employees certain front pay and backpay for the duration of the violation.
Take-Aways:
Employers in the covered industries must continue to extend rehire rights to workers laid off because of the pandemic through 2026.
For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
- For Happi(er) New Year – Annual Virtual Seminar for Employers (November 2025)
- Extended Comeback Rights: Hospitality Workers to Receive Longer Rehire Protection (November 2023)
- Comeback Trail: Hotels, Security Services and Others Must Offer Openings to Pandemic-Affected Former Staff (April 2021)
Helena Kobrin
November 28, 2025