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.
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.
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.
means the city of Glendale.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
means a hotel employer who owns, controls, or operates a
hotel after a change in control.
(Ord. 5951 § 2, 2020)
A.
Preference
for Qualified Discharged Employees. A hotel employer shall make the
offer to a laid off worker, in writing, to the last known mailing
address, electronic mail, and text message phone number, of any position
which is or becomes available after the effective date of the ordinance
codified in this chapter for which the laid off worker is qualified.
This obligation shall apply irrespective of whether a worker was discharged
before or after the effective date of the ordinance codified in this
chapter.
B.
Determination
of Qualified Employees. A laid off worker is qualified for a position
if the laid off worker: (1) held the same or similar position at the
same site of employment at the time of the laid off worker’s
most recent separation from active service with the employer; or (2)
is or can be qualified for the position with the same training that
would be provided to a new employee hired into that position. If more
than one laid off worker is entitled to preference for a position,
the employer shall offer the position to the laid off worker with
the greatest length of service in subsections (1) and then (2) with
the employer at the employment site.
C.
Time
Limit. A laid off worker who is offered a position pursuant to this
chapter shall be given no less than 10 days in which to accept or
decline the offer.
(Ord. 5951 § 2, 2020)
A.
Requirement
of Notice of Change in Control.
1.
Within
five days of a change in control, a successor hotel employer shall
post written notice of the change in control at the location of the
affected hotel. This written notice shall remain posted during any
closure of the affected hotel and for six months following the first
date on which the affected hotel is open to the public under the successor
hotel employer.
2.
This
written notice shall include, but not be limited to, the name and
contact information of the incumbent hotel employer, the name and
contact information of the successor hotel employer, and the effective
date of the change in control.
3.
This
written notice shall be posted in a conspicuous place at the affected
hotel and shall be readily visible to eligible hotel workers, other
employees, and applicants for employment.
B.
Retention
of Employees following Change in Control.
1.
Within
15 days of a change in control, or within 15 days of the effective
date of the ordinance codified in this chapter if the change in control
occurred prior to the ordinance codified in this chapter’s effective
date, an incumbent hotel employer shall provide a successor hotel
employer with a list of eligible hotel workers. This list shall include
the name, date of hire, and job classification of each eligible hotel
worker. A successor hotel employer shall be required to maintain and
hire from this list during the hotel worker retention period.
2.
A
successor hotel employer shall, during the hotel worker retention
period, offer each eligible hotel worker employment for no less than
90 days. During the 90 day retention period, a worker shall be employed
under reasonable terms and conditions of employment or as required
by law. The successor hotel employer shall provide the worker with
a written offer of employment for the transition period. This offer
shall remain open for at least 10 business days from the date of the
offer.
3.
If
a successor hotel employer determines during the hotel worker retention
period that it requires fewer hotel workers than were required by
the incumbent hotel employer, the successor hotel employer shall retain
eligible hotel workers, the successor hotel employer shall offer the
position to the eligible hotel worker in the same occupational classification
with the greatest length of service with the incumbent hotel employer.
4.
A
successor hotel employer shall retain written verification of each
offer of employment made pursuant to subsection (B)(2). This verification
shall include the name, address, date of hire, and job classification
of the eligible hotel worker to whom the offer was made. A successor
hotel employer shall retain the required verification for no less
than three years from the date the offer is made.
5.
During
the 90 day retention period, the successor hotel employer shall not
discharge without cause a hotel worker retained pursuant to this chapter.
6.
At
the end of the hotel worker retention period, a successor hotel employer
shall provide each hotel worker retained pursuant to this section
with a written performance evaluation. If the hotel worker’s
performance was satisfactory, the successor hotel employer shall consider
offering the hotel worker continued employment under the terms and
conditions established by the successor hotel employer and as required
by law. A successor hotel employer shall retain the written performance
evaluation required under this subsection for no less than three years
from the date it is issued.
7.
The
rights to retention set forth in this section do not apply to any
managerial, supervisory, or confidential employee and do not include
the right to retain any supervisory or management responsibility.
8.
A
successor hotel employer shall comply with the obligations to retain
eligible hotel workers as set forth in this section irrespective of
whether a change in control occurred prior to or after the effective
date of the ordinance codified in this chapter.
(Ord. 5951 § 2, 2020)
A.
Hotels
shall designate a “safety training organization” to conduct
the safety training required by this section, and hotels shall certify
annually that they have provided the safety training to all hotel
workers in compliance with this section.
B.
In order
to become certified as the designated safety training organization,
the organization shall meet the following requirements:
1.
The
safety training organization must have experience providing training
to hotel workers or immigrant low-wage workers, utilize interactive
teaching strategies that engage across multiple literacy levels, and
provide trainers and educators who are culturally competent and fluent
in the language or languages that workers understand.
2.
The
safety training organization shall offer a “safety training
program” that includes no less than three hours of training,
including live and interactive instruction, on the following elements,
except that the city manager, or designee, may determine that any
element below is separately and sufficiently required by state or
local law, in which case the element may be eliminated and the total
training time reduced accordingly:
a.
Best practices for identifying and responding to suspected instances
of human trafficking, domestic violence, or violent or threatening
conduct;
b.
Best practices for identifying and responding to the presence of
other potential criminal activity;
c.
Best practices for effective cleaning techniques to prevent the spread
of disease;
d.
Best practices for identifying and avoiding insect or vermin infestations;
and
e.
Worker rights and employer responsibilities under this chapter.
3.
The
safety training organization shall coordinate with the hotel employer
to ensure that training content aligns where appropriate with the
hotel employer’s policies and procedures.
4.
The
safety training organization shall administer a “safety examination”
to workers who complete its training program, The safety examination
shall test basic proficiency in the required training elements.
5.
The
safety training organization shall promptly issue a “safety
certificate” to any person who successfully completes its safety
training program and safety examination. A safety certificate shall
be valid for a period of five years.
6.
The
safety training organization shall offer a right of review to an individual
who completes the safety training program but does not successfully
complete the safety examination.
7.
Each
hotel employer and each short-term rental cleaning contractor shall
contract with the certified safety training organization to, no less
than annually, conduct a safety training program, administer a safety
examination, and issue a safety certificate to each person who has
successfully completed the safety training program and safety examination.
Each hotel employer and each short-term rental cleaning contractor
shall document compliance with the training requirement set forth
in this section by completing and signing a form which certifies that
the training was conducted. The safety training organization that
provides such a training shall submit a report to the city within
five days of the training to document the date on which the training
was held and the names of all workers who received safety certificates.
8.
No
hotel employer shall employ a hotel worker for more than 120 days
unless the hotel worker presents the hotel employer with a valid safety
certificate.
9.
No
host, as defined in Section 5.110.030 of this code, shall contract
with a short-term rental cleaning contractor unless the short-term
rental cleaning contractor presents the host with a valid safety certificate
for each person performing or expected to perform cleaning services
for the host.
10.
This subsection shall become effective 90 days from the effective
date of the ordinance codified in this chapter.
11.
Each hotel employer and each short-term rental cleaning contractor
shall retain records sufficient to demonstrate compliance with this
section, including a copy of a valid safety certificate for each hotel
worker.
(Ord. 5951 § 2, 2020)
A.
Personal
Security Devices.
1.
A
hotel employer shall provide a personal security device to each hotel
worker assigned to work in a guest room or restroom facility where
other hotel employees are not present in the guest room or restroom
facility. The personal security device shall be provided at no cost
to the hotel worker.
2.
A
hotel worker may activate a personal security device whenever a hotel
worker reasonably believes that violent or threatening conduct or
an emergency is occurring in the hotel worker’s presence. Immediately
prior to or upon activating the device, the hotel worker may cease
work and leave the immediate area of danger to await assistance. No
hotel worker shall be subject to an adverse employment action for
activating a personal security device or for ceasing work to await
assistance absent clear and convincing evidence that the hotel worker
knowingly and intentionally made a false claim of emergency.
3.
A
hotel employer shall assign a security guard, manager or supervisory
hotel staff member to provide immediate on-scene assistance in the
event that a personal security device is activated.
B.
Hotel
Workers’ Rights. A hotel worker who brings to the attention
of a hotel employer violent or threatening conduct by a hotel guest
shall be afforded the following rights:
1.
A
hotel employer shall immediately allow a hotel worker sufficient paid
time to report the violent or threatening conduct to a law enforcement
agency and to consult with a counselor or advisor of the hotel worker’s
choice.
2.
A
hotel employer shall not prevent, or attempt to prevent, a hotel worker
from reporting violent or threatening conduct to a law enforcement
agency.
3.
A
hotel employer shall not take or threaten to take any adverse employment
action against a hotel worker based on the hotel worker’s decision
not to report violent or threatening conduct to a law enforcement
agency.
4.
Upon
request by a hotel worker, a hotel employer shall provide reasonable
accommodations to a hotel worker who has been subjected to violent
or threatening conduct. Reasonable accommodations may include, but
are not limited to, a modified work schedule, reassignment to a vacant
position, or other reasonable adjustment to job structure, workplace
facility, or work requirements.
C.
Notice.
A hotel employer shall place on the back of the entrance door to each
guest room and restroom facility in a hotel a sign written in a font
size of no less than 18 points, that includes the heading “The
Law Protects Hotel Workers From Threatening Behavior,” provides
a citation to this chapter of the Glendale Municipal Code, and notifies
guests that the hotel employer provides personal security devices
to its employees.
D.
Training.
A hotel employer shall provide training to its hotel workers regarding
how to use and maintain a personal security device, the hotel employer’s
protocol for responding to activation of a personal security device,
and the rights of hotel workers and obligations of the hotel employer
as set forth in this section. Such training shall be provided to hotel
workers on the later of the effective date of the ordinance codified
in this chapter or within one month of the hotel worker’s date
of hire.
(Ord. 5951 § 2, 2020)
A.
The city manager, or designee, shall grant a waiver from the requirements of this chapter to any hotel employer who demonstrates that compliance with this chapter would require the hotel employer, in order to avoid bankruptcy or a shutdown of the hotel employer’s hotel, to reduce its workforce by more than 20% or curtail its hotel workers’ total hours by more than 30%. The city manager, or designee, shall grant such a waiver only after reviewing a hotel employer’s financial condition at the hotel employer’s expense. A waiver granted under this section shall be valid for no more than one year. A determination by the city manager, or designee, to grant or deny a request for waiver under this section may be appealed pursuant to the uniform appeal procedure in Chapter 2.88 of this code.
B.
Prior
to submitting a waiver application pursuant to this section, a hotel
employer shall provide written notice of the waiver application to
all hotel workers employed by the hotel employer. Within three days
of receiving a waiver determination from the city manager, or designee,
under this section, a hotel employer shall provide written notice
of the determination to all hotel workers employed by the hotel employer.
(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)
A.
Civil
Action. The city or any aggrieved person may enforce the provisions
of this chapter by means of a civil action.
B.
Injunction.
Any person who commits an act, proposes to commit an act, or engages
in any pattern or practice that violates this chapter may be enjoined
therefrom by brought by any aggrieved person, by the city attorney,
or by any person or entity who will fairly and adequately represent
the interests of an aggrieved person or persons.
C.
Other
Penalties. Any person who violates the provisions of this chapter
is liable for any actual damages suffered by any aggrieved person
or for statutory damages up to the amount of $100 per aggrieved person
per day, except that statutory damages for failure to maintain records
shall not exceed $1,000 per day in total. For willful violations,
the amount of monies and penalties to be paid under this subsection
shall be trebled.
D.
Attorneys’
Fees and Costs. In a civil action brought under this section, the
court shall award the prevailing plaintiff reasonable attorneys’
fees and costs, including expert witness fees, except that notwithstanding
Section 998 of the Code of Civil Procedure, a prevailing defendant
shall not be awarded fees and costs unless the court finds the action
was frivolous, unreasonable, or groundless when brought, or the plaintiff
continued to litigate after it clearly became so.
E.
Opportunity
to Cure. A civil action by a laid off worker alleging a violation
of any provision of this chapter shall commence only after the following
requirements have been met:
1.
The
laid off worker provides written notice to the employer of the provisions
of the chapter alleged to have been violated and the facts to support
the alleged violation; and
2.
The
employer is provided 15 days from receipt of the written notice to
cure any alleged violation.
|
Notwithstanding any provision of this code, or any other ordinance
to the contrary, no criminal penalties shall attach for violation
of this chapter.
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(Ord. 5951 § 2, 2020)
