The following definitions shall apply to this chapter:
"Additional bed room"
means a guest room with an additional bed or beds other than
those regularly within the guest room, such as a cot or rollaway bed.
"Adverse employment action"
means an action that detrimentally and materially affects
the terms, conditions, or privileges of employment, including, but
not limited to, any act to discharge, reduce in compensation, reduce
work hours, alter established work schedules, increase workload, impose
fees or charges, or change duties of a hotel worker.
"Checkout room"
means a guest room to be cleaned by a hotel worker due to
the departure of the guest assigned to that room.
"City"
means the city of Glendale.
"Emergency"
means an immediate threat to public safety or of substantial
risk of property loss or destruction.
"Guest"
means a registered guest of a hotel, a person occupying a
guest room with a registered guest, or a visitor invited to a guest
room by a registered guest or other person occupying a guest room.
"Guest room"
means any room or suite of rooms intended to be used by a
guest of a hotel for sleeping purposes.
"Hotel"
means an establishment that provides temporary lodging for
payment in the form of overnight accommodations in guest rooms to
transient patrons for periods of 30 consecutive calendar days or less,
and may provide additional services, such as conference and meeting
rooms, restaurants, bars, or recreation facilities available to guests
or to the general public. "Hotel" includes hotels, motor lodges, motels,
apartment hotels, private residential clubs, tourist courts, and hostels
that contain both dormitory- style accommodations and private guest
rooms that may be reserved, meeting the definition set forth above.
"Hotel" also includes any contracted, leased or sublet premises operated
in conjunction with a hotel or that is used for the primary purpose
of providing services at a hotel. Except as provided above, the term
"Hotel" also does not include corporate housing, rooming houses, boarding
houses, single-room occupancy housing, or licensed bed and breakfast
establishments within a single-unit residence.
"Hotel employer"
means any person who owns, controls, or operates a hotel
in the city, and includes any person or contractor who, in a managerial,
supervisory, or confidential capacity, employs hotel workers to provide
services at a hotel in conjunction with the hotel's purpose.
"Hotel worker"
means any person who is employed by a hotel employer to provide
services at a hotel. "Hotel worker" does not include a managerial,
supervisory or confidential employee.
"Personal security device"
means a portable emergency contact device, including, but
not limited to, a panic button, that is designed so that a hotel worker
can quickly and easily activate such device to directly contact a
hotel security officer, manager or supervisory hotel staff member
designated by a hotel employer to respond to violent or threatening
conduct and promptly summon them to the hotel worker's location.
"Room attendant"
means a hotel worker whose principal duties are to clean
and put in order guest rooms in a hotel.
"Room cleaning"
means the performance of services or tasks that are required
to maintain the cleanliness of a physical hotel room before, during,
or after a guest's stay. Room cleaning does not include time spent
maintaining or organizing inventory (e.g. mini-bar, toiletries, towels,
linens) or time spent delivering such inventory to a guest room when
not accompanied by other room cleaning tasks. Room cleaning does not
include turndown service or tasks associated with preparing already-made
beds for sleep when not accompanied by other room cleaning tasks.
Room cleaning does not include preventative or as needed maintenance
activities such as repair, replacement, and general maintenance of
appliances, electronics, furniture, doors, windows, carpets, walls,
plumbing, and other fixtures.
"Violent or threatening conduct"
means: (1) any conduct that involves the use of physical
violence or that would reasonably be interpreted as conveying a threat
of the use of physical violence, and includes, but is not limited
to, rape, assault (including sexual assault), and battery (including
sexual battery), as defined by the California
Penal Code, as well
as any threat or attempt to commit such an act; or (2) any sexual
conduct, or solicitation to engage in sexual conduct, directed by
a guest at a hotel worker without the consent of the hotel worker
and includes, but is not limited to, indecent exposure as defined
by the California
Penal Code.
"Workday"
means any consecutive 24 hour period commencing at the same
time each calendar day.
(Ord. 5991 § 3, 2022)
A hotel employer shall provide written notice of the hotel workers'
rights set forth in this chapter to each hotel worker at the time
of hire or on the effective date of the ordinance codified in this
chapter, whichever is later. Such written notice shall be provided
in English, Spanish, and any other language known by the hotel employer
to be spoken by 5% or more of the hotel workers employed by the hotel
employer.
(Ord. 5991 § 3, 2022)
No person shall discharge, reduce in compensation, take adverse
action against, or otherwise discriminate against any hotel worker
for opposing any practice proscribed by this chapter, for participating
in proceedings related to this chapter, for seeking to enforce their
rights under this chapter by any lawful means, or for otherwise asserting
rights under this chapter. A hotel employer taking any adverse action
against any hotel worker who is known to have engaged in any of the
foregoing activities within one year preceding the adverse action
shall provide to the hotel worker at or before the time of the adverse
action a detailed written statement of the reason or reasons for the
discharge or other adverse action, including all the facts claimed
to substantiate the reason or reasons.
(Ord. 5991 § 3, 2022)
The city is authorized to adopt administrative regulations that
are consistent with and in furtherance of 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.
(Ord. 5991 § 3, 2022)
The provisions of Section
5.120.030 or
5.120.040, or any part thereof, may be waived pursuant to a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in clear and unambiguous written terms. Neither party to a collective bargaining relationship may waive or supersede any provision of this chapter by means of unilaterally imposed terms and conditions of employment.
(Ord. 5991 § 3, 2022)