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A hotel employer shall provide written notice of the hotel workers’ rights set forth in this article to each hotel worker at the time of hire or within 30 days of the effective date of this article, whichever is later. Such written notice shall be provided in English, Spanish, and any other language known by the hotel employer to be spoken by ten percent or more of the hotel workers employed by the hotel employer.
No person shall discharge, reduce in compensation, take adverse action against, 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 their rights under this article by any lawful means, or for otherwise asserting rights under this article. A hotel employer taking any adverse action against any hotel worker who is known to have engaged in any of the foregoing activities within one year preceding the adverse action shall provide to the hotel worker at or before the time of the adverse action a detailed written statement of the reason or reasons for the discharge or other adverse action, including all the facts claimed to substantiate the reason or reasons.
The Division is authorized to adopt administrative regulations that are consistent with and in furtherance of the provisions of this article. Violations of the administrative regulations adopted pursuant to this section shall constitute violations of this article and shall subject the violator to the penalties set forth in this article.
A hotel employer that contracts with another person, including, without limitation, another hotel employer, a temporary staffing agency, employee leasing agency or professional employer organization, to obtain the services of hotel employees shall share all civil legal responsibility and civil liability for violations of this article by that person for hotel workers performing work pursuant to the contract. For the purposes of this subsection, the term “person” shall not include:
(1) A bona fide nonprofit organization that provides services to workers;
(2) A bona fide labor organization, as defined in 29 U.S.C. § 152, or an apprenticeship program, training program, or hiring hall operated pursuant to a labor-management agreement.
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.
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