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)
