As used in this chapter:
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.
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: (A) in the event of a change in control as defined
in (4)(A) 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 (B) in the event of a change in
control as defined in (4)(B) or (4)(C) below, the hotel that remains
in operation following the change in control of that hotel. "Affected
hotel" does not include portions of a hotel that are leased to third
parties, or operated by third parties, for on-site services unaffiliated
with the hotel employer's overnight lodging accommodations, including
retail stores, spas, restaurants and bars.
means:
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;
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
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 a guest room to be cleaned by a hotel worker due to
the departure of the guest assigned to that room.
means the City of West Hollywood.
means the City Manager of West Hollywood, or designee.
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 immediate threat to public safety or of substantial
risk of property loss or destruction.
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.
means any room or suite of rooms intended to be used by a
guest of a hotel for sleeping purposes.
means a commercial facility not approved as a dwelling unit
with guest rooms or suites, provided with or without meals or kitchen
facilities, rented to the general public for overnight or other lodging
generally not intended to be the guest's domicile. Also, may include
accessory guest facilities, such as, but not limited to, swimming
pools, tennis courts, indoor athletic facilities, accessory retail
uses and meeting facilities. This definition includes private clubs
with guest rooms available for overnight lodging.
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.
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 ninety 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 individual who, in a particular week, performs
at least two hours of work within the geographic boundaries of the
city for a hotel employer, has a length of service with the hotel
employer of six months or more in the twelve months preceding March
16, 2020, and whose most recent separation from active service, or
failure to be scheduled for customary seasonal work, occurred on or
after March 16, 2020, and before any termination of the Declaration
of Emergency proclaimed by the City Council on March 16, 2020, and
was due to a government shutdown order, lack of business, a reduction
in force or other, economic, non-disciplinary reason. For purposes
of this chapter, a laid-off employee does not include a manager, supervisor,
or confidential employee.
means the total of all periods of time during which an employee
has been in active service, including periods of time when the employee
was on leave or on vacation.
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 summon to the hotel
worker's location prompt assistance by a hotel security officer, manager
or supervisory hotel staff member designated by a hotel employer.
means a hotel worker whose principal duties are to clean
and put in order guest rooms in a hotel.
means the performance of services or tasks that are required
to prepare or maintain the cleanliness of the physical hotel guest
room before, during, or after a guest's stay. Room cleaning does not
include tasks associated with preparing already-made beds for sleep,
maintaining or delivering inventory (e.g. mini-bar, toiletries, towels,
extra linens), or inspecting completed room cleaning. 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. Making unmade beds, regardless of whether a change
of linen is required, is not an excluded activity.
means a hotel employer who owns, controls, or operates a
hotel after a change in control.
means: (A) 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 (B) 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.
means any consecutive twenty-four hour period commencing
at the same time each calendar day.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
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 workers 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 eighteen points, that
includes the heading "The Law Protects Hotel Workers From Threatening
Behavior," provides a citation to this chapter of the West Hollywood
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 this chapter or within one month of the hotel worker's date
of hire.
e.
Records. A hotel employer shall retain records of incidents
where the personal security devices were activated for a period of
three years from the incident.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
a.
Workload. For hotels with fewer than forty guest rooms,
a hotel employer shall not require a room attendant to clean rooms
amounting to a total of more than four thousand square feet of floor
space in any eight-hour workday, unless the hotel employer pays the
room attendant twice the room attendant's regular rate of pay for
each and every hour worked during the workday. For hotels with forty
or more guest rooms, a hotel employer shall not require a room attendant
to clean rooms amounting to a total of more than three thousand five
hundred square feet of floor space in any eighthour workday, unless
the hotel employer pays the room attendant twice the room attendant's
regular rate of pay for each and every hour worked during the workday.
If a room attendant is assigned to clean seven or more checkout room
or additional bed rooms during any eight-hour workday, each such checkout
room or additional bed room shall for purposes of this subsection
count as five hundred square feet, regardless of the actual square
footage of each room. The limitations contained herein apply to any
combination of spaces, including guest rooms, meeting rooms, and other
rooms within the hotel, and apply regardless of the furniture, equipment,
or amenities in such rooms.
b.
Workload Proration. The workload amount set forth in subsection (a) shall be reduced on a prorated basis if a room attendant works less than eight hours in a workday, shall be increased on a prorated basis for each hour of overtime that a room attendant works in excess of eight hours in a workday, and shall be calculated on a prorated basis by room attendant if a room attendant is assigned to clean rooms jointly with one or more other room attendants.
c.
Voluntary Overtime. A hotel employer shall not require or
permit a hotel worker to work more than ten hours in a workday unless
the hotel worker consents in writing to do so. A hotel worker's consent
shall not be valid unless the hotel employer has advised the hotel
worker in writing seven days prior to the hotel worker's consent that
the hotel worker may decline to work more than ten hours in a workday
and that the hotel employer will not subject the hotel worker to any
adverse employment action for declining to work more than ten hours
in a workday. This subsection shall not apply in the event of an emergency.
d.
Preservation of Records. Each hotel employer shall maintain for at least three years a record of each room attendant's name, rate of pay, pay received, rooms cleaned or total square footage cleaned for each workday, overtime hours worked for each workday, and any written consents provided pursuant to subsection (c) above. A hotel employer shall make these records available for inspection and copying to any hotel worker or hotel worker's employee representative, except that the names and other personally identifying information of individual hotel workers shall be redacted except to the extent that the records identify the hotel worker who is making the request.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
a.
Notice to Laid-Off Hotel Workers. A hotel employer must
offer its laid-off hotel workers in writing, by mailing to their last
known physical address, and by email and text message to the extent
the hotel employer possesses such information, all job positions which
become available after this chapter's effective date for which the
laid-off hotel workers are qualified. A laid-off hotel worker is qualified
for a position if the employee:
1.
Held
the same or similar position at the site of employment at the time
of the laid-off hotel employee's most recent separation from active
service with the hotel employer; or
2.
Is
or can be qualified for the position with the same training that would
be provided to a new hotel worker hired into that position.
b.
Preference. The hotel employer must offer positions to laid-off
hotel workers in an order of preference corresponding to categories
(1) and (2) in the preceding sentence. Where more than one hotel worker
is entitled to preference for a position, the hotel employer must
offer the position to the laid-off hotel worker with the greatest
length of service for the hotel employer.
c.
Offer Acceptance or Declination. A laid-off hotel worker who is offered a position pursuant to this chapter must be given no less than ten business days in which to accept or decline the offer. A hotel employer may make simultaneous, conditional offers of employment to laid-off hotel workers, with the final offer of employment conditioned on application of the priority system set forth in subsection (b) of this section.
d.
Notice of Non-Selection. A hotel employer that declines
to recall a laid-off hotel worker on the grounds of lack of qualifications
and instead hires someone other than the laid-off hotel worker must
provide the laid-off hotel worker a written notice of the non-selection
within thirty days of the date of hire documenting the reasons for
such decision. The written record must be retained for no less than
three years and made available to the city or laid-off hotel worker
upon request.
e.
Notice of Rights. A hotel employer must provide each laid-off
hotel worker with a written notice of the date of their lay off and
their rights under this chapter. The hotel employer must provide such
written notice within thirty days of the effective date of this chapter,
if the layoff took place before that date, or at the time of the layoff
if the layoff occurs after that date. Such notice shall be provided
in person or to the laid-off hotel worker's last known mailing address,
and by email to the extent the hotel employer possesses that information.
f.
Records Retention. A hotel employer must retain the following records for at least three years regarding each laid-off hotel worker: the employee's full legal name; the employee's job classification at the time of separation from employment; the employee's date of hire; the employee's last known address of residence; the employee's last known email address; the employee's last known telephone number; and a copy of the written notice regarding the layoff provided to the employee. For purpose of this chapter, the three years is measured from the date of the written notice provided under subsection (d), above.
g.
Effect of Sale or Assignment. The provisions of this section
also apply when the ownership of the hotel employer changes due to
a sale, assignment transfer, or other disposition of substantially
all assets of the hotel employer, after the laid-off hotel worker
separates from employment provided the enterprise is conducting the
same or similar operation as before the sale or assignment.
h.
Notwithstanding
the definitions in this chapter, the City Council may by resolution
apply the terms of this section to future periods of declared local
emergency, or other periods of government shut down order, significant
economic downturns or other similar events that result in significant
economic, non-disciplinary layoffs.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
a.
Notice of Change in Control. 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. 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. 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.
Eligible Hotel Worker Recall. Within fifteen days of a change
in control, 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.
A successor hotel employer shall, during the hotel worker retention
period, offer each eligible hotel worker employment for no less than
ninety days, except that:
1.
A
successor hotel employer shall not be required to offer employment
to an eligible hotel worker if the successor hotel employer has reasonable
and substantiated cause not to retain that eligible hotel worker based
on that eligible hotel worker's individual performance or conduct
while employed by the incumbent hotel employer; and
2.
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 pursuant to the terms of a relevant collective
bargaining agreement, if any, or by seniority and experience within
each job classification to the extent that comparable job classifications
exist.
c.
Terms and Conditions of Employment. An eligible hotel worker
retained pursuant to this section shall be employed under terms and
conditions established by the successor hotel employer as required
by law and shall not be discharged except for good cause based on
individual performance or conduct.
d.
Offer. An offer of employment made pursuant to subsection (b) shall be made in writing and shall remain open for at least ten business days from the date of the offer.
e.
Verification. A successor hotel employer shall retain written verification of each offer of employment made pursuant to subsection (b). 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.
f.
Performance Evaluation. 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.
g.
Exceptions. 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 upon recall.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
a.
Certification and Designation. The City Manager shall establish
a process whereby the city will certify and designate at least one
"Public Housekeeping Training Organization." The certification and
designation of the Public Housekeeping Training Organization shall
be carried out by the City Manager subject to ratification by the
City Council.
b.
Requirements. In order to become certified as a designated
Public Housekeeping Training Organization, the organization shall
meet requirements set forth by the City Manager that shall include,
but not be limited to, the following:
1.
The
Public Housekeeping 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 hotel workers understand.
2.
The
Public Housekeeping Training Organization shall offer a "Public Housekeeping
Training Program" that includes no less than six hours of training,
including live and interactive instruction, on the following elements,
except that the City Manager 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.
Hotel worker rights and hotel employer responsibilities under this
chapter;
B.
Best practices for identifying and responding to suspected instances
of human trafficking, domestic violence, or violent or threatening
conduct;
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.
Best practices for identifying and responding to the presence of
other potential criminal activity.
3.
The
Public Housekeeping Training Organization may coordinate with a hotel
employer to ensure that training content aligns where appropriate
with the hotel employer's policies and procedures. Ultimate discretion
regarding training content shall remain with the Public Housekeeping
Training Organization, subject to requirements set forth by the City
Manager.
4.
The
Public Housekeeping Training Organization shall administer a "Public
Housekeeping Examination" to hotel workers who complete its training
program. The Public Housekeeping Examination shall test basic proficiency
in the required training elements.
5.
The
Public Housekeeping Training Organization shall promptly issue a "Public
Housekeeping Certificate" to any person who successfully completes
its Public Housekeeping Training Program and Public Housekeeping Examination.
A Public Housekeeping Certificate shall be valid for a period of five
years.
6.
The
Public Housekeeping Training Organization shall offer a right of review
to an individual who completes the Public Housekeeping Training Program
but does not successfully complete the Public Housekeeping Examination.
c.
Training Program. A hotel employer shall contract with a
certified Public Housekeeping Training Organization to, no less than
annually, conduct a Public Housekeeping Training Program, administer
a Public Housekeeping Examination, and issue a Public Housekeeping
Certificate to each person who has successfully completed the Public
Housekeeping Training Program and Public Housekeeping Examination.
A hotel employer shall document compliance with the training requirement
set forth in this section by completing and signing a form as required
by the city to certify that the training was conducted. The Public
Housekeeping 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 hotel
workers who received Public Housekeeping Certificates.
d.
Certificate. No hotel employer shall employ a hotel worker
to work as a room attendant for more than one hundred twenty days
unless the hotel worker presents the hotel employer with a valid Public
Housekeeping Certificate.
e.
Records. Each hotel employer shall retain records sufficient
to demonstrate compliance with this section, including a copy of a
valid Public Housekeeping Certificate for each hotel worker then assigned
to work as a room attendant.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
a.
Waiver Application. The City Manager 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 twenty percent or curtail
its hotel workers' total hours by more than thirty percent. The City
Manager 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 to grant or deny a request for waiver under this
section may be appealed to a hearing examiner in accordance with established
city practices for hearing examiner review.
b.
Notice of Waiver Application. 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 under this section, a hotel employer shall provide
written notice of the determination to all hotel workers employed
by the hotel employer.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
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 this chapter, whichever is later.
Such written notice shall be provided in English, Spanish, and any
other language spoken by five percent or more of the hotel workers
employed by the hotel employer.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
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 ninety days of the hotel worker's
exercise of rights under this chapter was taken in retaliation for
the exercise of such rights.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
The City Manager is hereby authorized to promulgate and enforce
administrative regulations in the implementation and enforcement 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. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
The provisions of the following sections, 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:
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
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 a court of competent jurisdiction. An
action for injunction under this subsection may be 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.
Damages and 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 party 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.
Cumulative Remedies. 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.
(Ord. 21-1159 § 2, 2021; Ord. 21-1172 § 2, 2021)
