×
Tuesday, November 18, 2025

The Essentials—California Employment Law Update for 2026 - K&L Gates

This edition of The Essentials coincides with the close of California’s 2025 legislative session and summarizes the most significant employment-related bills enacted this year. We have highlighted key provisions of the new laws taking effect in 2026 and one related to the use of artificial intelligence (AI) that took effect in October 2025.

AB 858: Rehiring and Retention of Displaced Workers

AB 858 extends the sunset date for COVID-19-related employee recall and reinstatement rights to 1 January 2027.

Background

In 2021, California Labor Code Section 2810.8 was enacted to protect employees in the hospitality and business services industry (including, but not limited to, hotels, event centers, and employers that provide maintenance services) who were laid off due to COVID-19. Under the law, covered employers must:

  1. Offer available positions in writing to qualified employees who:
    1. Worked for the employer for six months or more in the 12 months preceding 1 January 2020; and
    2. Were laid off “due to a reason related to the COVID-19 pandemic.”
  2. Prohibit retaliation or adverse action against employees asserting their rights under these provisions.

Section 2810.8 was originally set to expire on 31 December 2024.

In 2023, SB 723 broadened eligibility by extending recall rights to any employee:

  1. Who was employed by the employer for six months or more;
  2. Whose most recent separation from active employment by the employer occurred on or after 4 March 2020; and
  3. Whose...


Read Full Story: https://news.google.com/rss/articles/CBMilAFBVV95cUxPR3hLMFhTWXFQR29TY1hveENs...