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The provisions of Section 182.03, 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 article by means of unilaterally imposed terms and conditions of employment.
A. Civil action. The City or any aggrieved person may enforce the provisions of this article 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 article 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 article is liable for any actual damages suffered by any aggrieved person and for statutory damages of $100 per aggrieved person per day, except that statutory damages for failure to maintain or provide records shall not exceed $1,000 per day for all affected hotel workers. 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.
E. Cumulative remedies. The remedies set forth in this article are cumulative. Nothing in this article shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law.
F. No criminal penalties. Notwithstanding any provision of this Code or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.
G. Coexistence with other available relief for deprivations of protected rights. This article shall not be construed to limit an aggrieved person’s right to bring legal action for violation of any other federal, state, or local law.
(Added by Ord. No. 178,083, Eff. 12/30/06.)
Section
183.00 Purpose.
183.01 Definitions.
183.02 Hotel Employers' Responsibilities.
183.03 Transition Employment Period.
183.04 Notice of Change in Control.
183.05 Retaliatory Action Prohibited.
183.06 Enforcement.
183.07 Exemption for Collective Bargaining Agreement.
183.08 No Waiver of Rights.
183.09 Severability.
(Adopted by the Council in Response to Initiative on 6/28/22, Ord. No. 187,565, Eff. 8/12/22.)
Past business practices at Los Angeles hotels have resulted in mass layoffs of hotel workers. Historically, when corporate ownership or management of a hotel changes, the new operator closes the hotel for renovations and reopens with a new workforce; very few, if any, of the former hotel’s employees are retained, and hundreds of workers are displaced.
A transitional retention period upon change of ownership, control, or operation of hotels ensures employment stabilization for a segment of the community. It also alleviates the demands for social services provided by the City and other local governments due to any worker displacement and resulting unemployment. Through this ordinance, the City seeks to maintain the welfare and stability of the Los Angeles hotel workforce. Whereas the Los Angeles hotels derive benefit from the City’s worldclass amenities and infrastructure, they have both the ability and responsibility to support the local workforce by engaging in fair employment practices.
The following definitions shall apply to this chapter:
A. “City” means the City of Los Angeles.
B. “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 an Incumbent Hotel Employer or any person who controls an Incumbent 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 Incumbent 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. (Adopted by the Council in Response to Initiative on 6/28/22, Ord. No. 187,565, Eff. 8/12/22.)
C. “Employment Commencement Date” means the date on which a Hotel Worker retained by the Successor Hotel Employer pursuant to this chapter commences work for the Successor Hotel Employer in exchange for benefits and compensation under the terms and conditions established by the Successor Hotel Employer or as required by law.
D. “Hotel” means a residential building or transient occupancy residential structure that is designated or used for transient lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms, or dwelling units that may be rented for periods of 30 days or fewer. “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 a Short-Term Rental, as defined in Municipal Code Section 12.22 A.32. (Adopted by the Council in Response to Initiative on 6/28/22, Ord. No. 187,565, Eff. 8/12/22.)
E. “Hotel Worker” means any individual (1) whose primary place of employment is at a Hotel subject to a Change in Control, (2) who is employed directly by the Incumbent Hotel Employer, or by a Person who has contracted with the Incumbent Hotel Employer to provide services at the Hotel subject to a Change in Control, and (3) who has worked for the Incumbent Hotel Employer for at least one month prior to the execution of the Transfer Document. “Hotel Worker” does not include a managerial, supervisory, or confidential employee.
F. “Incumbent Hotel Employer” means the Person that owns, controls, and/or operates a Hotel subject to a Change in Control prior to the Change in Control.
G. “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
H. “Successor Hotel Employer” means the Person that owns, controls, and/or operates a Hotel subject to a Change in Control after the Change in Control.
I. “Transfer Document” means the purchase agreement or other document(s) creating a binding agreement to effect the Change in Control.
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