Long Beach Hotel fined $4.8M for not rehiring COVID-19 laid-off staff.
California Hotel Slapped with $4.8 Million Fine for Violating COVID-19 Job Offer Law
California labor officials have imposed a hefty $4.8 million fine on a Long Beach hotel for failing to comply with a state law that requires timely job offers to employees laid off during the COVID-19 pandemic.
The Hyatt Regency Long Beach hotel was found to be in violation of the state’s Right to Recall law (SB 93) following an investigation prompted by complaints from disaffected workers, according to the California Labor Commissioner’s Office (LCO).
The investigation, launched in September 2022, revealed that the hotel neglected to rehire 25 employees who were let go during the pandemic, including restaurant servers, bartenders, housepersons, turndown attendants, cashiers, and stewards.
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“Some of these employees had as much as 24 years of experience, and were suddenly out of work due to a public health emergency,” said Labor Commissioner Lilia Garcia-Brower. “The employer failed to offer them their old jobs back in compliance with the law.”
The workers were laid off during the COVID-19 lockdowns but were not given their previous positions when the hotel resumed operations, which is a violation of the Right to Recall law.
The Right to Recall law, enacted on April 16, 2021, requires employers in the hospitality and building services sectors to offer available job openings similar to those previously held by laid-off workers, based on seniority, once their businesses resume operations post-pandemic. This law has been extended until December 31, 2025.
Hyatt Regency Long Beach is not the first entity to face consequences for violating the Right to Recall law. In July 2022, Terranea Resort reached a settlement with the LCO, agreeing to pay $1.52 million to affected workers for similar violations related to the worker retention law.
A spokesperson for Hyatt did not immediately respond to a request for comment.
Lockdown Harms
Lockdown-related layoffs were but one unintended consequence of a spate of pandemic policies that study after study has shown probably did more harm than good.
“Our results show that major non-pharmaceutical interventions—and lockdowns in particular—have had a large effect on reducing transmission,” wrote the authors of a study backing restrictive measures, though the research did not evaluate any unintended impacts of the measures.
But a number of other studies have identified lockdowns as contributing to jumps in suicides, mental health crises, learning loss, and delayed health treatments.
One recent study, published on Oct. 9 in JAMA Pediatrics, found that more than half of U.S. adolescents with clinical depression missed their treatment during the first year of the pandemic as lockdowns kept them home.
An earlier study, published in August 2021 in JAMA Pediatrics, found that depression and anxiety in youth doubled in the first year of the pandemic.
In fact, nearly all indicators of poor mental health—which include unhealthy thinking patterns and suicidal thoughts—worsened significantly from 2011 to 2021, the CDC’s biennial report on its Youth Risk Behavior Survey said.
Recently published research on child gun deaths added heart-wrenching evidence suggesting lockdowns had a devastating impact on society. The study, published on Oct. 5 in a journal of the American Academy of Pediatrics, found that injury-related deaths among children rose sharply during the pandemic years 2020-2021.
“Due to lockdowns and other misconceived pandemic policies, child gun deaths in the United States exploded exponentially in 2020,” wrote Kevin Bass, a researcher and PhD student in medicine, in a post on X, commenting on the study.
While the study shows that firearm-related homicides began rising in 2018, Mr. Bass said that it’s “very clear that the huge leap to record levels occurred between 2019 and 2020, which is when lockdowns happened.”
Lockdowns Claim 20 Times More Life Years Than They Save: Study
Another recent study looked at a wide array of research into lockdowns. It concluded that such measures can be an effective tool in controlling the COVID-19 pandemic but only if “long-term collateral damage is neglected.”
“The price tag of lockdowns in terms of public health is high: by using the known connection between health and wealth, we estimate that lockdowns may claim 20 times more life years than they save,” the study’s authors wrote.
They also said that what deserves a “special and urgent analysis” is the question of “to what extent, why, and how the dissenting (disapproved by healthcare officials) scientific opinions were suppressed during COVID-19.”
“Suppression of ’misleading’ opinions causes not only grave consequences for scientists’ moral compass; it prevents the scientific community from correcting mistakes and jeopardizes (with a good reason) public trust in science,” they wrote.
How can the unintended consequences of lockdowns and social isolation on the mental well-being of young people be addressed and prevented?
Youth risk behavior survey found. The report also highlighted the impact of school closures and social isolation on the mental well-being of young people.
These unintended consequences of lockdowns underscore the importance of carefully considering the potential harms when implementing public health measures. While the primary goal of lockdowns and other restrictions was to prevent the spread of COVID-19 and protect public health, it is vital to assess the broader impact on individuals and communities.
Returning to the case of Hyatt Regency Long Beach, the $4.8 million fine serves as a reminder that employers must adhere to labor laws, even during times of crisis. The Right to Recall law was implemented to safeguard the rights of laid-off workers and ensure they have the opportunity to return to their previous jobs when businesses reopen.
By neglecting to rehire the 25 employees who were laid off during the pandemic, the hotel violated the law and deprived these workers of their rightful employment. The hefty fine imposed by the California Labor Commissioner’s Office sends a strong message that such violations will not be tolerated.
Employers in the hospitality and building services sectors must recognize the importance of complying with labor laws and honoring their obligations to their employees. This includes offering job openings to laid-off workers based on seniority and providing them with a fair chance to regain their previous positions.
The consequences of non-compliance are not only financial penalties but also reputational damage. Businesses that fail to prioritize the well-being and rights of their employees may face public scrutiny and a loss of trust from both their workforce and the wider community.
To avoid such consequences, employers should familiarize themselves with labor laws and seek legal guidance if needed. They should develop robust policies and procedures to ensure compliance and timely job offers to laid-off workers. By prioritizing the rights and well-being of their employees, businesses can contribute to a more equitable and resilient post-pandemic recovery.
Furthermore, the lockdown-related studies mentioned in this article highlight the need for a comprehensive approach when addressing public health crises. While restrictive measures may be necessary to curb the spread of infectious diseases, policymakers must also consider the potential negative impacts on mental health, education, and other domains of well-being.
Lessons learned from the COVID-19 pandemic can inform future emergency response strategies and help strike a balance between public health protection and minimizing unintended consequences. By taking a holistic view and considering both the immediate and long-term effects of policy decisions, governments can better navigate future crises and mitigate harm to individuals and society.
In conclusion, the $4.8 million fine imposed on the Hyatt Regency Long Beach for violating the Right to Recall law serves as a reminder of the importance of adhering to labor laws, even in times of crisis. It is crucial for employers to prioritize the rights and well-being of their employees, and to comply with regulations that safeguard workers’ interests. The COVID-19 pandemic has shed light on both the immediate and long-term impacts of public health measures, emphasizing the need for a comprehensive and balanced approach. As we move forward, it is essential for policymakers to consider the unintended consequences of their decisions and take steps to mitigate harm while protecting public health.
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