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A. Wages. In accordance with Section 186.04 of this article, Hotel Employers shall pay Hotel Workers a wage of no less than the hourly rates set under the authority of this article. The minimum wage for each Hotel Worker shall be $15.37 per hour, not including gratuities, Service Charge distributions or bonuses. Starting on July 1, 2017, and continuing thereafter, this rate shall continue to be adjusted as of July 1 of each year consistent with any adjustment pursuant to Section 10.37.2(a) of the Los Angeles Administrative Code. The DAA shall publish a bulletin announcing the adjusted rates, which shall take effect on July 1 of each year.
B. Time Off.
1. Compensated Time Off. A Hotel Employer shall provide at least 96 compensated hours off per year for sick leave, vacation, or personal necessity to full time Hotel Workers to be made available at the Hotel Worker’s request.
(a) A full time Hotel Worker is classified as someone who works at least 40 hours a week or in accordance with the Hotel Employer’s policies, if more generous. A full time Hotel Worker shall accrue at least 96/52 hours of compensated time off each week in a calendar year that the Hotel Worker has been employed by the Hotel Employer. Compensated time off does not accrue for work in excess of 40 hours a week. Full time Hotel Workers that work less than 40 hours a week will receive the compensated time off in proportional increments.
(b) A part time Hotel Worker is classified as someone who works less than 40 hours per week or in accordance with the Hotel Employer’s policies, if more generous. A part time Hotel Worker shall accrue compensated time off in increments proportional to that accrued by someone who works 40 hours a week, in accordance with Section 186.02 B.1.(a).
(c) General Rules for Compensated Time Off.
(i) A Hotel Worker must be eligible to use accrued paid compensated time off after the first six months of employment or consistent with company policies, whichever is sooner.
(ii) A Hotel Employer may not unreasonably deny a Hotel Worker’s request to use the accrued compensated time off.
(iii) Unused accrued compensated time off will carry over until the time off reaches a maximum of 192 hours, unless the Hotel Employer’s established policy is more generous.
(iv) After a Hotel Worker reaches the maximum accrued compensated time off, a Hotel Employer shall provide a cash payment once every 30 days for accrued compensated time off over the maximum. A Hotel Employer may provide a Hotel Worker with the option of cashing out any portion of, or all of, the Hotel Worker’s accrued compensated time off under the maximum, but, in no event, shall the Hotel Employer require a Hotel Worker to cash out any accrued compensated time off. Compensated time off cashed out shall be paid to the Hotel Worker at the wage rate that the Hotel Worker is earning at the time of cash out.
(v) A Hotel Employer may not implement any employment policy to count accrued compensated time off taken under this article as an absence that may result in discipline, discharge, suspension, or any other adverse action.
2. Uncompensated Time Off. Hotel Employers shall also permit full time Hotel Workers to take at least 80 additional hours per year of uncompensated time off to be used for sick leave for the illness of the Hotel Worker or a member of the Hotel Worker’s immediate family where the Hotel Worker has exhausted their compensated time off for that year.
(a) A full time Hotel Worker is classified as someone who works at least 40 hours a week or in accordance with the Hotel Employer’s policies, if more generous. A full time Hotel Worker shall accrue at least 80/52 hours of uncompensated time off each week in a calendar year that the Hotel Worker has been employed by the Hotel Employer. Uncompensated time off does not accrue for work in excess of 40 hours a week. Full time Hotel Workers that work less than 40 hours a week will receive the uncompensated time off in proportional increments.
(b) A part time Hotel Worker is classified as someone who works less than 40 hours per week or in accordance with the Hotel Employer’s policies, if more generous. A part time Hotel Worker shall accrue uncompensated time off in increments proportional to that accrued by someone who works 40 hours a week, in accordance with Section 186.02 B.2.(a).
(c) General Rules for Uncompensated Time Off.
(i) A Hotel Worker must be eligible to use accrued uncompensated time off after the first six months of employment or consistent with company policies, whichever is sooner.
(ii) A Hotel Employer may not unreasonably deny a Hotel Worker’s request to use the accrued uncompensated time off.
(iii) Unused accrued uncompensated time off will carry over until the time off reaches a maximum of 80 hours, unless the Hotel Employer’s established policy is more generous.
(iv) A Hotel Employer may not implement any employment policy to count uncompensated time off taken under this article as an absence that may result in discipline, discharge, suspension, or any other adverse action.
A. Service Charges shall not be retained by the Hotel Employer but shall be paid in the entirety by the Hotel Employer to the Hotel Worker(s) performing services for the customers from whom the Service Charges are collected. No part of these amounts may be paid to supervisory or managerial employees. The amounts shall be paid to the Hotel Worker(s) equitably and according to the services that are related to the description of the Service Charges given by the Hotel Employer to the customer. The amounts shall be paid to the Hotel Worker(s) in the next payroll following collection of an amount from the customer, including without limitation:
1. Amounts collected for banquets or catered meetings shall be paid equally to the Hotel Worker(s) who actually work the banquet or catered meeting;
2. Amounts collected for room service shall be paid to the Hotel Worker(s) who actually deliver food and beverage associated with the charge; and
3. Amounts collected for porterage service shall be paid to the Hotel Worker(s) who actually carry the baggage associated with the charge.
A. Hotels with 300 or More Rooms. On July 1, 2015, Hotel Employers with Hotels containing 300 or more guest rooms, or suites of rooms shall pay Hotel Workers according to the provisions in Section 186.02 of this article.
B. Hotels with 150 or More Rooms. On July 1, 2016, Hotel Employers with Hotels containing 150 or more guest rooms, or suites of rooms shall pay Hotel Workers according to the provisions in Section 186.02 of this article.
C. AHEZ Hotels. On July 1, 2015, AHEZ Hotel Employers shall pay AHEZ Hotel Workers solely according to the provisions in Section 186.02 of this article. Prior to July 1, 2015, AHEZ Hotel Employers shall pay their AHEZ Hotel Workers as provided below (consistent with the former Los Angeles Municipal Code (LAMC) Sections 104.104 A., 104.104 B. and 104.105 A.):
1. Wages. AHEZ Hotel Employers shall pay AHEZ Hotel Workers a wage of no less than $11.03 per hour with health benefits, not including gratuities, Service Charge distributions, or bonuses, or $12.28 per hour without health benefits, not including gratuities, Service Charge distributions, or bonuses.
2. Compensated Days Off. AHEZ Hotel Employers shall provide AHEZ Hotel Workers at least 12 accrued compensated days off per year for sick leave, vacation, or personal necessity at the AHEZ Hotel Worker’s request. AHEZ Hotel Employers shall also permit AHEZ Hotel Workers to take at least an additional ten accrued days a year of uncompensated time to be used for sick leave for the illness of the AHEZ Hotel Worker or a member of the AHEZ Hotel Worker’s immediate family where the AHEZ Hotel Worker has exhausted their compensated days off for that year.
3. Rate. Health benefits under this article shall consist of the payment of at least $1.25 per hour towards the provision of health care benefits for AHEZ Hotel Workers and their dependents. Proof of the provision of these benefits must be kept on file by the AHEZ Hotel Employer, if applicable.
No Hotel Employer 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. A Hotel Worker claiming violation of this article may bring an action in the Superior Court of the State of California against a Hotel Employer and may be awarded:
1. For failure to pay wages required by this article – back pay for each day during which the violation continued.
2. For retaliatory action – reinstatement, back pay and other legal or equitable relief the court may deem appropriate.
3. For Willful Violations, the amount of monies to be paid under Sections 186.07 A.1. and 2. of this article shall be trebled.
B. If a Hotel Worker is the prevailing party in any legal action taken pursuant to this article, the court shall award reasonable attorney’s fees and costs as part of the costs recoverable.
All of the provisions of this article, or any part of the article, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in that 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.
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