California Labor Commissioner Fines Hotel $10M for Worker Recall Law Violations

The Marriott Marquis San Diego Marina was fined $9.4 million by the California Labor Commissioner’s Office for violating the state’s worker recall law.

The penalty is for the hotel’s reported failure to rehire 15 employees laid off during the pandemic.

An investigation by the LCO reportedly found that between November 2021 and November 2024, the hotel violated state law requiring hospitality employers to offer available positions to workers who were displaced due to the pandemic.

These violations impacted long-serving employees, including some with 35 years of service, according to the LCO.

The investigation was triggered by reports submitted by former affected employees. It reportedly found that the hotel repeatedly ignored its obligations under California’s worker recall statute. Despite the hotel’s reopening in 2021, long-serving banquet captains were not offered reemployment. Total damages were assessed to compensate the affected employees for lost wages and missed opportunities.

California was the first state to establish worker recall protections during the pandemic. Under Senate Bill 93, which took effect in April 2021, hospitality and service employers are required to offer reemployment to laid-off workers based on seniority, and before considering outside hires or staffing agencies. The law remains in place through Dec. 31, 2025.

The LCO is a division of the Department of Industrial Relations.