California labor officials have secured a $2.75 million settlement for 24 former Anaheim Marriott employees after finding that the hotel failed to offer available jobs to qualified workers in seniority order following pandemic-related layoffs.
In June 2022, the Labor Commissioner opened an investigation after Unite Here Local 11 submitted reports on behalf of workers who lost their jobs during the pandemic. Anaheim Marriott reopened in 2021, but investigators found that some longtime employees were not offered work or were contacted only after people with less seniority had been rehired.
Investigators also determined that the hotel used staffing agencies to fill positions before recalling eligible former employees. Affected jobs included engineers, bell attendants, banquet captains, landscapers, and lead cooks. Some workers had spent as many as 40 years at the hotel.
California cited Anaheim Marriott in October 2024 for an estimated $12.45 million in damages involving 28 workers. Marriott Hotel Services Inc., Marriott Hotel Services LLC, and Marriott International Inc., operating as Anaheim Marriott, were named as jointly responsible for the alleged violations. Under the final settlement, 24 former employees will receive a combined $2.75 million.
Passed in 2021, California’s Right to Recall law followed widespread pandemic layoffs in hotels and other service industries. Labor Code Section 2810.8 protected workers who had been employed for at least six months and lost their jobs for pandemic-related reasons.
When a covered position became available, an employer had to offer it to former workers who had held the same or a similar role. If several people qualified, the longest-serving worker had to receive the first offer. Written notice was required, and employees had at least five business days to respond.
Recall duties also extended to positions filled through temporary staffing companies. State officials cited Anaheim Marriott’s use of outside agencies as part of their finding that some jobs were filled before eligible former employees received offers.
Labor officials may investigate violations and seek reinstatement, lost wages, benefits, interest, penalties, and other compensation. Available remedies also include $500 in liquidated damages for each affected worker for every day a violation continues, allowing the total to grow quickly when several employees are involved over a long period.
California’s Right to Recall law remains in effect through December 31, 2026, and violations that occur before that date may still be enforced afterward.
