HB 5246 Summary

• Extends recall rights for employees laid off due to COVID-19 pandemic between March 10, 2020 and May 1, 2023 from hotels, lodging houses, food service contractors, and building services enterprises with 15+ employees.

• Requires employers to notify laid-off employees within 5 days of available positions and offer positions to the most senior qualified employee, with offers in the same classification and compensation as before the layoff.

• Requires employers to submit an affidavit to the Labor Department within 30 days of any layoff and provide written notice within 30 days if declining to rehire a laid-off employee.

• Prohibits employers from taking adverse action against employees exercising recall rights and protects employees with COVID-19-related conditions from losing recall rights if they decline offers before emergency declarations expire.

• Allows aggrieved employees to bring civil actions in Superior Court for violations, with potential remedies including reinstatement, back pay, compensatory and punitive damages, and attorney's fees.