The Anaheim Marriott was cited $12.5M for not offering laid off workers the chance to return to work

The Labor Commissioner’s Office (LCO) cited the Anaheim Marriott hotel, located at 700 W. Convention Way for not properly offering laid-off workers the opportunity to return to their jobs.

An LCO investigation launched in June 2022 revealed that the Anaheim Marriott failed to comply with these worker-recall rights requirements. Despite the hotel’s reopening in 2021, long-serving employees were not offered reemployment, or were offered an open position belatedly after other workers with less seniority were rehired. The affected employees, some of them with as many as 40 years of service, include bell attendants, banquet captains, engineers, landscapers, and lead cooks.

California Labor Commissioner Lilia García-Brower said: “Failure to rehire long-serving employees is not just a violation of the law, but a violation of trust these workers had in their employer after years of dedicated and loyal service. This citation reflects our commitment to holding violators accountable and ensuring that workers’ rights are protected.”

The investigation was initiated following reports submitted by Unite Here Local 11 on behalf of laid-off workers, alleging that the Anaheim Marriott violated workers’ recall rights by hiring through staffing agencies instead of recalling employees based on seniority. The estimated damages for Anaheim Marriott violations sought by LCO total $12,449,175 and will go to the 28 workers.

The citations hold jointly liable Marriott Hotel Services, Inc., Marriott Hotel Services, LLC and Marriott International, Inc., operating under the dba Anaheim Marriott.

California was the first state in the nation to enact and enforce workers’ recall rights protections during the pandemic. Under SB 93, effective April 16, 2021, hospitality and service industry employers, including hotels, airports, and large event centers, must offer laid-off employees the opportunity to return to their jobs based on seniority before hiring new workers or using outside staffing agencies. These rights extend to thousands of workers, including janitors, security guards, cashiers, housekeepers, and cooks. The law went into effect on April 16, 2021, and has been extended to December 31, 2025.

The Department of Industrial Relations’ Division of Labor Standards Enforcement (California Labor Commissioner’s Office) combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices.

The Labor Commissioner’s Office in 2020 launched an interdisciplinary outreach campaign, “Reaching Every Californian.” The campaign amplifies basic protections and builds pathways to affected populations, so workers and employers understand legal protections and obligations, as well as the Labor Commissioner’s enforcement procedures. Californians can follow the Labor Commissioner on  Facebook  and  Twitter.