Anaheim Marriott sued $12.5 million for violating California workers’ comp law

A state investigation found that the Anaheim Marriott hotel violated California’s workers’ comp law, resulting in estimated $12.5 million in violation damages.

The damages will reach 28 workers who were laid off during the pandemic and were not given opportunities to return to work in a timely manner, depending on their seniority.

The California Labor Commissioner’s Office cited the Anaheim Marriott Hotel, at 700 W Convention Way, after an LCO investigation launched in 2022 revealed that the hotel failed to comply with requirements regarding worker withdrawal rights.

Despite the hotel reopening in 2021, senior employees were not offered re-employment or were offered a late opening after other workers with less seniority were re-hired. Affected employees, some with up to 40 years of service, include bell attendants, banquet captains, engineers, landscapers and executive chefs, according to the LCO.

The investigation was initiated following reports filed by Unite Here Local 11 on behalf of the laid-off workers alleging that the Anaheim Marriott violated workers’ retirement rights by hiring through staffing agencies instead of recalling employees based on seniority.

The citations make Marriott Hotel Services Inc., Marriott Hotel Services LLC and Marriott International Inc., operating under dba Anaheim Marriott, jointly and severally liable.

California workers’ withdrawal rights protections were initiated during the pandemic. Under SB 93, effective April 16, 2021, employers in the hospitality and service industries, including hotels, airports, and large event centers, must offer laid-off employees the opportunity to return to jobs based on seniority before hiring new ones workers or to use external personnel. agents. The law entered into force on April 16, 2021 and was extended until December 31, 2025.

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California