California Labor Commissioner’s Office cites Marriott Marquis San Diego Marina nearly $10 Million for Worker Recall Law Violations

NEWS RELEASE

San Diego-The Marriott Marquis San Diego Marina has been fined $9.4 million by the Labor Commissioner's Office (LCO), a division of the Department of Industrial Relations (DIR), for violating California's worker recall law. The penalty addresses the hotel's failure to rehire 15 employees laid off during the pandemic.

An investigation by the LCO 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.

What California Labor Commissioner Lilia García-Brower said: "The law is clear. When jobs reopen, the workers who spent years-sometimes decades-building these companies must be given their rightful chance to return to work. Such blatant disregard for workers' rights will not be tolerated."

The investigation, triggered by reports submitted by former affected employees, found that the hotel repeatedly ignored its obligations under California's worker recall statute, Labor Code Section 2810.8. 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.

Background on Worker Recall Rights

California was the first state to establish worker recall protections during the pandemic. Under SB 93, which took effect in April 2021, hospitality and service employers must offer reemployment to laid-off workers based on seniority, and before considering outside hires or staffing agencies. This law protects roles across the industry, including housekeepers, banquet servers, cooks, janitors, and event staff. The law remains in place through December 31, 2025.

About the Labor Commissioner's Office

DIR's Division of Labor Standards Enforcement (California Labor Commissioner's Office) combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices.

The LCO in 2020 launched an interdisciplinary outreach campaign, "Reaching Every Californian." The campaign amplifies basic protections and builds pathways to affected populations, so workers and employers understand legal protections and obligations, as well as the Labor Commissioner's enforcement procedures. Californians can follow the Labor Commissioner on Facebook and Twitter.

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