The Los Angeles County Board of Supervisors recently adopted an ordinance, effective November 6, 2025, permanently extending the county’s COVID-19 Right of Recall and COVID-19 Right of Retention protections for janitorial, maintenance and security service workers on commercial property, and hospitality workers in the unincorporated areas of Los Angeles County. Originally enacted in May 2020 as a temporary response to COVID-19, these ordinances are now codified as Chapter 8.22 (Right of Recall) and Chapter 8.23 (Right of Retention) of Title 8 of the Los Angeles County Code.
Aside from extending the recall offers’ response window from five to ten business days, these new ordinances largely maintain the same employer obligations as before. Some of the main requirements under both the right of recall and right of retention protections are outlined below.
Right of Recall
Under the right of recall protections, covered commercial property employers (with 25 or more janitorial, maintenance or security service workers) and hotel employers (with 50 or more guestrooms or more than $5 million in annual receipts) must offer available positions to laid-off workers before hiring new employees. For commercial property employers, these protections apply only to janitorial, maintenance and security service workers.
A “laid-off worker” is defined as anyone who:
- Worked at least two hours per week for a covered employer;
- Had six months or more of service with the employer; and
- Was separated for economic, non-disciplinary reasons on or after March 4, 2020.
Employers must make a written offer to the laid-off employee’s last known mailing address, email and text number. This offer must remain open for at least ten business days — an increase from the previous five-day response window — and priority is based on job similarity and length of service.
The protections continue to prohibit retaliation and allow employees to file civil actions to enforce their rights after giving the employer 15 days’ notice to cure. Remedies may include reinstatement, lost wages, statutory damages and attorneys’ fees.
Right of Retention
The right of retention protections ensure that when a covered business changes ownership or control, existing workers receive priority for continued employment. Successor business employers must keep a preferential hiring list for six months after reopening and retain any hired workers for at least 90 days. During that period, employees may only be discharged for cause and must receive written performance evaluations at the end of the 90 days.
Both the right of recall and right of retention protections maintain exemptions for collective bargaining agreements that expressly waive the provisions in clear and unambiguous terms.
Covered employers operating in the unincorporated areas of Los Angeles County should review and update their recall and retention policies to ensure compliance with the new permanent provisions, including extended recall timelines and documentation requirements.
Vanessa M. Greene, J.D., Employment Law Subject Matter Expert, CalChamber
CalChamber members can read more about Los Angeles County ordinances in the HR Library, and use the Local Ordinance Wizard to help determine the local ordinances and labor law posters that apply to your business or location(s). Not a member? Learn how to power your business with a CalChamber membership.
