“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.
“Affected hotel”
means:. (1) in the event of a change in control as defined
in subsection (1) below, the hotel or discrete portion of the hotel
that has been the subject of the change in control and remains in
operation following the change in control; or (2) in the event of
a change in control as defined in (2) or (3) below, the hotel that
remains in operation following the change in control of that hotel.
“Change in control”
means: (1) any sale, assignment, transfer, contribution,
or other disposition of all or substantially all of the assets used
in the operation of a hotel or a discrete portion of the hotel that
continues in operation as a hotel; (2) any sale, assignment, transfer,
contribution, or other disposition of a controlling interest (including
by consolidation, merger, or reorganization) of a hotel employer or
any person who controls a hotel employer; or (3) any other event or
sequence of events (including a purchase, sale, lease, or termination
of a management contract or lease) that causes the identity of the
hotel employer at a hotel to change. For purposes of this chapter,
a change in control shall be defined to occur on the date of execution
of the document effectuating the change in control.
“City”
means the city of Glendale.
“Eligible hotel worker”
means a hotel worker employed by an incumbent hotel employer
at the time of a change in control and who has been so employed for
at least two months prior to the change in control.
“Hotel”
means an establishment that provides temporary lodging in
the form of overnight accommodations in guest rooms to transient patrons
who maintain a permanent place of residence elsewhere for payment
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. A hotel includes any restaurant physically located on hotel
premises. “Hotel” includes motor lodges, motels, apartment
hotels, and tourist courts 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. “Hotel”
does not include a hostel, which is a lodging facility primarily characterized
by dormitory-style accommodations, shared bathrooms, and reservations
of beds rather than rooms. “Hotel” also does not include
corporate housing, rooming houses, boarding houses, or private residential
clubs, single-room occupancy housing, vacation rentals, or 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 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.
“Hotel worker retention period”
means the period of time beginning on the date of a change
in control and extending to 90 days from the first date that an affected
hotel is open to the public after a change in control.
“Incumbent hotel employer”
means a hotel employer who owns, controls, or operates a
hotel prior to a change in control of the hotel or of a discrete portion
of the hotel that continues to operate as a hotel after the change
in control.
“Laid off worker”
means any person who, in a particular week, performs at least
two hours of work within the geographical boundaries of the city for
a hotel employer, has a length of service with the employer of six
months or more, and whose most recent separation from active employment
by the hotel employer occurred on or after March 4, 2020, as a result
of a lack of business, a reduction in work force or other economic,
non-disciplinary reason. This ordinance creates a rebuttable presumption
that any termination occurring on or after March 4, 2020, was due
to a non-disciplinary reason. For purposes of this chapter, a laid
off worker does not include a manager, supervisor, confidential employee.
“Length of service”
means the total of all periods of time during which a worker
has been in active service to a hotel employer, including periods
of time when the worker was on leave or vacation.
“Room attendant”
means any person who is employed by a hotel employer to provide
services at a hotel whose principal duties are to clean and put in
order guest rooms in a hotel.
“Short-term rental cleaning contractor”
means a person or business entity of any kind that provides
cleaning services to one or more hosts at short-term rental facilities,
as defined in Section 5.110.030 of this code, and which employs or
contracts five or more persons to perform such cleaning work.
(Ord. 5951 § 2, 2020)
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 spoken by 5% or more of
the hotel workers employed by the hotel employer.
(Ord. 5951 § 2, 2020)
The provisions of Sections
8.10.020 and
8.10.030, 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. 5951 § 2, 2020)
No person shall take an adverse employment action against a
hotel worker for exercising rights protected under this chapter. There
shall be a rebuttable presumption that an adverse employment action
taken against a hotel worker within 90 days of the hotel worker’s
exercise of rights under this chapter was taken in retaliation for
the exercise of such rights.
(Ord. 5951 § 2, 2020)
The city manager, or designee, is authorized to adopt administrative
regulations that are consistent with and in furtherance of the provisions
of this chapter. Violations of 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. 5951 § 2, 2020)