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Every case is different, but understanding your legal rights is always the first step. If you have questions about your situation, The Minias Law Firm is here to help. Just remember Don’t stress, Just text.
When a workplace reopens after a major shutdown, getting back to business can be complicated. For employees who lost their jobs during the pandemic, getting back to work was supposed to follow certain rules too.
That became a major issue for 24 former Anaheim Marriott employees. California labor officials recently secured a $2.75 million settlement after finding that the hotel failed to properly offer available positions to qualified former employees according to seniority.
Some of the affected workers had spent decades at the hotel, with some working there for as many as 40 years.
California labor officials began investigating Anaheim Marriott in June 2022 after Unite Here Local 11 submitted reports on behalf of workers who had lost their jobs during the pandemic.
The hotel reopened in 2021, but investigators found that some longtime employees were not offered available positions or were contacted only after workers with less seniority had already been rehired.
Investigators also found that the hotel used staffing agencies to fill certain positions before offering those jobs to eligible former employees. The affected positions included engineers, bell attendants, banquet captains, landscapers, and lead cooks.
California’s Right to Recall law was passed in 2021 following widespread pandemic layoffs across the hotel and service industries.
Under Labor Code Section 2810.8, certain employees who had worked for an employer for at least six months and lost their jobs for pandemic related reasons were entitled to an offer of available work when their former position or a similar position became available.
When multiple former employees qualified for the same position, the worker with the most seniority was supposed to receive the offer first. Employers were also required to provide written notice and give employees at least five business days to respond.
The recall requirements could also apply when employers used temporary staffing agencies to fill available positions.
For employees returning from pandemic layoffs, understanding recall rights can be important. Keeping records of layoff and recall notices, job offers, employer communications, previous employment, and seniority can help employees keep track of what happened and when.
Information about positions that became available can also be useful, particularly if an employee believes someone with less seniority was offered a position first.
For employers, maintaining accurate seniority records and following recall procedures can help prevent costly employment disputes.
California officials originally cited Anaheim Marriott in October 2024 for an estimated $12.45 million in damages involving 28 workers.
Under the final settlement, 24 former employees will receive a combined $2.75 million. Depending on the circumstances, violations of California’s Right to Recall law can result in lost wages, benefits, interest, penalties, reinstatement, and liquidated damages.
The law remains in effect through December 31, 2026, and violations that occur before that date may still be enforced afterward.
The Anaheim Marriott settlement is a reminder that bringing employees back after a layoff can involve more than simply filling open positions. When recall laws apply, employers must pay attention to who is eligible, when positions become available, and how offers are made.
Every case is different, but understanding your legal rights is always the first step. If you have questions about your situation, The Minias Law Firm is here to help. Just remember Don’t stress, Just text.

