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A. The Incumbent Hotel Employer shall post written notice of the Change in Control at the location of the affected Hotel within five business days following the execution of the Transfer Document. Notice shall remain posted during any closure of the Hotel and for six months after the Hotel is open to the public under the Successor Hotel Employer.
B. Notice shall include, but not be limited to, the name of the Incumbent Hotel Employer and its contact information, the name of the Successor Hotel Employer and its contact information, and the effective date of the Change in Control.
C. Notice shall be posted in a conspicuous place at the Hotel so as to be readily viewed by Hotel Workers, other employees, and applicants for employment.
No Hotel Employer employing Hotel Workers shall discharge, reduce in compensation, or otherwise discriminate against any Hotel Worker for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to enforce the Hotel Worker’s rights under this article by any lawful means, or for otherwise asserting rights under this article.
A. Hotel Workers may bring an action in the Superior Court of the State of California against the Incumbent Hotel Employer or the Successor Hotel Employer for violations of this article and may be awarded:
1. Hiring and reinstatement rights pursuant to this article, with the 90-day transition employment period not commencing until the Hotel Worker’s Employment Commencement Date with the Successor Hotel Employer.
2. Front pay or back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of:
a. The average regular rate of pay received by the Hotel Worker during the last three years of the Hotel Worker’s employment in the same occupation classification; or
b. The most recent regular rate received by the Hotel Worker while employed by either the Incumbent Hotel Employer or the Successor Hotel Employer.
3. Value of the benefits the Hotel Worker would have received under the Successor Hotel Employer’s benefit plan.
B. If a Hotel Worker is the prevailing party in any legal action taken pursuant to this section, the court shall award reasonable attorney’s fees and costs as part of the costs recoverable.
C. Notwithstanding any provision of this Code or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.
All of the provisions of this article, or any part of, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this article.
Except for bona fide collective bargaining agreements, any waiver by a Hotel Worker of any or all of the provisions of this article shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by an Incumbent or Successor Hotel Employer to have a Hotel Worker waive rights given by this article shall constitute a violation of this article.
(Added by Ord. No. 178,084, Eff. 12/30/06.)
Section
184.00 Purpose.
184.01 Definitions.
184.02 Hotel Employers' Responsibilities.
184.03 Retaliatory Action Prohibited.
184.04 Enforcement.
184.05 Exemption for Collective Bargaining Agreement.
184.06 No Waiver of Rights.
184.07 Coexistence with Other Available Relief for Specific Deprivations of Protected Rights.
184.08 Severability.
184.09 Administration.
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