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AB 858

Employment: rehiring and retention: displaced workers.

2025-2026 Regular Session Introduced by María Elena Durazo and 1 co-sponsor

AB 858 requires California employers to prioritize rehiring laid-off workers from the COVID-19 pandemic, enhancing job security and supporting economic recovery until 2027.

Chaptered by Secretary of State - Chapter 280, Statutes of 2025.
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Bill Summary · AB 858

Summary of AB 858: Employment: Rehiring and Retention of Displaced Workers

Overview

Bill Number: AB 858
Introduced: February 19, 2025
Status: Chaptered by Secretary of State - Chapter 280, Statutes of 2025
Effective Date: January 1, 2026
Vote Requirement: Majority
Fiscal Committee: Yes

AB 858, introduced by Assemblymember Lee, aims to extend protections for laid-off employees in California, particularly those affected by the COVID-19 pandemic. The bill modifies existing laws regarding rehiring and retention of displaced workers, ensuring that employers prioritize these employees when job openings arise.

Purpose and Intent

The primary intent of AB 858 is to provide continued support for workers who were laid off due to the COVID-19 pandemic. By extending existing rehiring provisions, the bill seeks to facilitate the return of these employees to their previous jobs, thereby promoting job security and economic recovery in the wake of the pandemic.

Key Provisions

  • Extension of Current Law: The bill extends the existing requirements for employers to offer laid-off employees information about job openings and to provide them with a preference for rehire until January 1, 2027.

  • Definition of Laid-off Employee: A "laid-off employee" is defined as someone who:

    • Was employed for six months or more.
    • Was separated from employment on or after March 4, 2020, due to reasons related to the COVID-19 pandemic, such as public health directives or reductions in force.
  • Employer Obligations:

    • Employers must notify laid-off employees of job openings within five business days of the position being established.
    • Notifications must be sent in writing, via email, and text message if the employer has the necessary contact information.
    • Employers are required to offer positions to laid-off employees based on a preference system, prioritizing those with the greatest length of service.
  • Protection Against Retaliation: The bill prohibits employers from taking adverse actions against laid-off employees for asserting their rights under these provisions.

Impact

AB 858 is expected to benefit:
- Laid-off Employees: By providing them with a clear pathway back to employment, the bill aims to reduce unemployment rates and support economic stability for individuals and families affected by the pandemic.
- Employers: By clarifying rehiring obligations, the bill helps employers manage their workforce more effectively during recovery.

Procedural Aspects

  • The bill was approved by the Governor on October 3, 2025, and will take effect on January 1, 2026.
  • It underwent several amendments and committee reviews before being finalized.

Conclusion

AB 858 represents a significant legislative effort to support displaced workers in California, ensuring that those who lost their jobs due to the pandemic have a fair chance to return to their previous positions. By extending the existing rehiring provisions, the bill aims to foster a more resilient workforce and aid in the state's economic recovery.

Compiled from official sources — confirm details with the bill’s official record.

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