As used in this Chapter:
means the City of Santa Monica.
means a residential building that is designated or used for
lodging and other related services for the public, and containing
guest rooms or suites of rooms. "Hotel" also includes any contracted,
leased or sublet premises connected to or operated in conjunction
with the building's purpose, or providing services at the building.
"Hotel" does not include hostels, which is defined as any lodging
facility that is primarily characterized by dormitory-style accommodations,
shared bathrooms, and reservations of beds rather than rooms.
means any person, including a corporate officer or executive,
association, organization, partnership, business trust, and limited
liability company or corporation, who owns, controls, and/or operates
a Hotel in the City, or a person who owns, controls, and/or operates
any contracted, leased or sublet premises connected to or operated
in conjunction with the Hotel's purpose, or a person who provides
services at the Hotel.
means any individual whose primary place of employment is
at one or more Hotels and who is employed directly by the Hotel Employer,
or by a person who has contracted with the Hotel Employer to provide
services at the Hotel. "Hotel Worker" does not include a managerial,
supervisory or confidential employee.
means any separately-designated amount charged and collected
by an Employer from customers, that is for service by Employees, or
is described in such a way that customers might reasonably believe
that the amount is for those services or is otherwise to be paid or
payable directly to Employees, including those charges designated
on receipts, invoices, or billing statements under the term "service
charge," "table charge," "porterage charge," "automatic gratuity charge,"
"healthcare surcharge," "benefits surcharge," or similar language.
Service Charge does not include a tip or gratuity as defined under
State or federal law.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16; amended
by Ord. No. 2515CCS § 2, adopted 5/10/16)
(a)
Hotel Employers shall pay Hotel Workers
a wage of no less than the hourly rates set under this section.
(c)
The City shall announce the adjusted
rates annually each January 1st and publish a bulletin announcing
the adjusted rates, which shall take effect on July 1st of each year.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16; amended
by Ord. No. 2515CCS § 2, adopted 5/10/16)
(a)
This Chapter is not intended to cause reduction in employment or work hours for Hotel Workers. Therefore, the Finance Director may grant a waiver from the requirements of this Chapter if a Hotel Employer can demonstrate to the Finance Director that compliance with this Chapter would force the Hotel Employer, in order to avoid bankruptcy or a shutdown of the hotel, to reduce its workforce by more than twenty percent or curtail its Hotel Workers' total hours by more than thirty percent. The Finance Director shall reach a determination only after reviewing and auditing, as necessary, the Hotel Employer's financial condition, with such review or audit paid for by the Hotel Employer, at rates established by resolution of the City Council. Any waiver granted by the Finance Director is valid for no more than one year. Any waiver granted under this section does not exempt Hotel Employers from compliance with Chapter 4.62 of this Code. A determination by the Finance Director to grant or deny a request for waiver may be appealed to a hearing examiner pursuant to Chapter 6.16 of this Code.
(b)
A Hotel Employer that applies for
a waiver under this section must provide: (1) advance, written notice
to all Hotel Workers of such application for waiver; and (2) written
notice to all Hotel Workers of the Finance Director's determination
within three days after such determination.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16; amended
by Ord. No. 2515CCS § 2, adopted 5/10/16)
A Hotel Employer shall provide each Hotel Worker paid sick leave in accordance with Santa Monica Municipal Code Section 4.62.025.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
Hotel employers shall inform Hotel
Workers of their possible right to the earned income credit under
Federal law.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
A Hotel Employer shall comply with Santa Monica Municipal Code Section 4.62.040 with respect to any Service Charges.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16; amended
by Ord. No. 2515CCS § 2, adopted 5/10/16)
The provisions of this Chapter, or
any part thereof, may be waived in a bona fide collective bargaining
agreement, but only if the waiver is explicitly set forth in such
agreement in clear and unambiguous terms. Unilateral implementation
of terms and conditions of employment by either party to a collective
bargaining relationship shall not constitute or be permitted as a
waiver of all or any part of the provisions of this Chapter.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
Except for bona fide collective bargaining
agreements, any waiver by a Hotel Worker of any provisions of this
Chapter shall be deemed contrary to public policy and shall be void
and unenforceable.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
It shall be unlawful for a Hotel
Employer to fund the wages and benefits required under this Chapter
by reducing the pension, vacation, or other non-wage benefits of any
Hotel Worker, or by increasing charges to Hotel Workers for parking,
uniforms, meals, or other work-related materials or equipment.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
(a)
It shall be unlawful for a Hotel
Employer to reduce the hours, wages or benefits of; demote, suspend,
discharge, or otherwise discriminate or take adverse action against;
any person for exercising rights protected under this Chapter. Such
rights include, but are not limited to, opposing any practice proscribed
by this Chapter, participating in proceedings related to this Chapter,
seeking to enforce the person's rights under this Chapter by any lawful
means, or otherwise asserting rights under this Chapter.
(b)
Taking adverse action against a person
within one hundred eighty days of the person's exercising rights protected
under this Chapter shall raise a rebuttable presumption that the adverse
action was taken in retaliation for the exercise of such rights.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
Every year after July 1, 2016, the
City shall collect economic data, including jobs, business license,
and sales tax, and shall make this information available to the City
Council and to the public.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
The Finance Director is authorized
to adopt administrative regulations that are consistent with the provisions
of this Chapter. Violations of the administrative regulations adopted
pursuant to this Section shall constitute violations of this Chapter,
and shall subject the violator to the penalties set forth in this
Chapter.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
(a)
Records and Interview Access; Cooperation
with Investigations. To monitor and investigate compliance with the
requirements of this Chapter, every Hotel Employer shall cooperate
with City-authorized investigators, including, but not limited to:
accessing records, and allowing investigators to interview persons,
including Hotel Workers, during normal business hours.
(b)
The City may issue and serve administrative
subpoenas as necessary to obtain specific information regarding minimum
wage and benefits provided to Hotel Workers pursuant to this Chapter,
including, but not limited to, records pertaining to each Hotel Worker
that document the name, address, occupation, dates of employment,
rate or rates of pay, amount paid each pap period, the hours worked
for each Hotel Worker, and the formula by which each Hotel Worker's
wages, sick leave, service charge distribution, and benefits, as applicable,
are calculated, to determine whether the Hotel Employer is in compliance
with this Chapter. Any subpoena issued pursuant to this Section shall
not require the production of information sooner than thirty days
from the date of service. A person that has been served with an administrative
subpoena may seek judicial review during that thirty-day period.
(c)
Unless otherwise specifically provided,
any person violating any provision of this Chapter shall be guilty
of a misdemeanor, which shall be punishable by a fine not exceeding
five hundred dollars but not less than one hundred fifty dollars per
violation, or imprisonment in the County Jail for a period not exceeding
six months, or by both fine and imprisonment, or shall be guilty of
an infraction, which shall be punishable by a fine not exceeding two
hundred fifty dollars but not less than one hundred dollars per violation.
Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this Chapter is committed, continued, or permitted by such person
and shall be punishable accordingly.
(d)
Any person violating any provision of this Chapter or any rule or regulation may be subject to administrative citation pursuant to Chapter 1.09 of this Code.
(e)
Any person convicted of violating
any provision of this Chapter or the terms and conditions of any permit
or approval issued pursuant to this Chapter shall be required to reimburse
the law enforcement agency that investigated the violation its full
investigative costs.
(g)
Prosecution for any violation of
this Chapter, including the issuance of any administrative citation
or order, shall be commenced within three years after discovery of
the commission of the offense by law enforcement authorities or by
the victims of the offense.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16; Ord. No. 2596CCS § 2, adopted 1/8/19)
(a)
Any applicant or Hotel Worker aggrieved
by a violation of this Chapter or any other person or entity acting
on behalf of the public, may file a civil action in a court of competent
jurisdiction against the person violating this Chapter.
(b)
Upon prevailing, any aggrieved applicant
or Hotel Worker shall be entitled to legal or equitable relief, including,
without limitation, the payment of any back wages unlawfully withheld,
the payment of any time off unlawfully withheld, the payment of penalties
in the amount of one hundred dollars to each person whose rights under
this Chapter were violated for each day that the violation occurred
or continued, reinstatement in employment, and/or injunctive relief,
and shall be awarded reasonable attorneys' fees and costs. For willful
violations, the amount of monies and penalties to be paid under this
subdivision shall be trebled.
(c)
Any person or entity enforcing this
Chapter on behalf of the public, upon prevailing, shall be entitled
only to equitable, injunctive or restitutionary relief, and reasonable
attorneys' fees and costs. The right to recover reasonable attorneys'
fees and costs does not apply to any proceeding initiated by a governmental
entity.
(d)
The remedies set forth in this Chapter
are cumulative. Nothing in this Chapter shall be interpreted as restricting,
precluding, or otherwise limiting a separate or concurrent criminal
prosecution under this Code or State law.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
(a)
If at any time the State or Federal
minimum wage is scheduled to exceed the minimum wage required under
this Chapter, Hotel Employers shall pay the higher minimum wage.
(b)
Nothing in this Chapter shall be
interpreted or applied so as to create any power or duty in conflict
with any State or Federal law.
(c)
Nothing in this Chapter shall be
construed to limit any Hotel Worker's right to obtain relief to which
the Hotel Worker may be entitled at law or in equity.
(Added by Ord. No. 2509CCS § 2, adopted 1/26/16)
