Hotel workers laid off by the Anaheim Marriott gathered Tuesday at Unite Here Local 11’s offices in Garden Grove to mark a hard-fought victory dating to the early days of the pandemic.
Following an investigation, the California Labor Commission secured a $2.75 million settlement from hotel executives over alleged violations of the state’s Right to Recall law, which gives laid-off workers priority rehire rights based on seniority.
The settlement covers 29 employees, including room attendants, cooks and servers and bell attendants, who were among the most impacted.
“When workers stand together, accountability is possible,” Ada Briceño, co-president of Unite Here Local 11, said during a press conference. “Behind this settlement are families who struggle to pay rent, put food on the table and make ends meet. While this cannot erase those hardships, it delivers long overdue justice to every employee. The message is simple: respect workers and follow the law.”
The settlement comes two years after the commission initially slapped the resort-area hotel with a $12.45 million citation for damages, interest and penalties for failing to rehire more than two dozen workers.
“When the pandemic hit, I was laid off,” recalled Roberto Medina, a maintenance engineer. “I didn’t fully understand why. I waited for a call back to resume work, but I did not get a call back.”
Medina instead drove for Uber, took odd jobs and went back to school.
“The settlement will be very helpful,” he said. “The situation I endured was difficult. I had to pay bills and support family members. My mom was in the hospital.”
A Marriott spokesperson did not respond to a request for comment.
An investigation began in June 2022, after the Labor Commission received a complaint from Unite Here Local 11.
Labor Commissioner Lilia Garcia-Brower explained that the state recall law levies a $500 daily penalty for violations.
Labor Commissioner Lilia Garcia-Brower speaks at the news conference regarding the settlement the Marriott settlement.
(Eric Licas)
The commission reviewed hotel employment records and identified 29 employees who weren’t given an offer to return in the time-frame prescribed by the law.
“The [state] Legislature identified a process to make sure when businesses opened up, the most senior workers had an opportunity to return to that job if they chose to,” Garcia-Brower said. “In this case, we found that the Anaheim Marriott failed to comply with the right to recall law.”
Some of the impacted members are back on the job.
“Bringing forward legal complaints is not transactional. It is hard. It takes time,” Garcia-Brower said. “We could not move this case forward without the workers.”