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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 assigned to be present. The personal security device shall be provided at no cost to the hotel worker and shall be maintained in good working order by the hotel employer.
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 at all times have a designated and assigned security guard who can receive alerts from personal security devices and can provide immediate on-scene assistance in the event that a personal security device is activated. Hotels with fewer than 60 guest rooms may utilize a hotel supervisor or manager to fulfill the requirement of this subsection. If a hotel employer designates a manager or supervisory hotel staff member pursuant to this subsection, the hotel employer shall provide no fewer than three (3) hours of training to the manager or supervisory hotel staff member on (a) the requirements of this article; (b) instruction on the proper functioning and maintenance of the hotel’s personal security devices; and (c) the protocols for responding to an activated personal security device. Such training shall be conducted at least annually, and the hotel employer shall maintain accurate records demonstrating attendance at such trainings.
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 18 points, that includes the heading “The Law Protects Hotel Workers From Threatening Behavior”, provides a citation to this article of the City of Los Angeles Municipal Code, and notifies guests that the hotel employer provides personal security devices to its employees.
D. Training. A hotel employer shall provide annual 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 by the later of thirty days after the effective date of this article or within one month of the hotel worker’s date of hire. For hotels having 60 or more guest rooms, hotel employer shall provide the training in each language spoken as the primary language of at least 10% of the hotel’s workforce. The hotel employer shall maintain accurate records demonstrating attendance at such trainings.
A. Workload limitation. For hotels with at least 45 guest rooms, but fewer than 60 guest rooms, a hotel employer shall not require a room attendant to perform room cleaning amounting to a total of more than 4,000 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 60 or more guest rooms, a hotel employer shall not require a room attendant to perform room cleaning amounting to a total of more than 3,500 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. If a room attendant during a workday is assigned to clean any combination of six or more special-attention rooms or additional-bed rooms, the total workload limitation under this section shall be reduced by 500 square feet for each such special-attention room or additional-bed room over five. If a room attendant is required to clean floor space in more than one hotel building during a workday, the total workload limitation under this subsection shall be reduced by 500 square feet for each additional hotel building. If a room attendant is required to clean floor space on more than two floors of a hotel building, the total workload limitation under this subsection shall be reduced by 500 square feet for each additional floor. The limitations contained in this section 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. The hotel employer shall state the actual square footage of each room in any written assignment of rooms that it provides to room attendants.
B. Workload proration. The maximum floor space set forth in subsection (a) shall be reduced on a prorated basis if a room attendant works less than eight hours in a workday, or is assigned to perform room cleaning for less than eight hours in a workday, and 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 10 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 prior to the hotel worker’s consent that the hotel worker may decline to work more than 10 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 10 hours in a workday. This subsection shall not apply in the event of an emergency.
D. Daily Room Sanitizing and Cleaning. A hotel shall not implement any program or policy whereby guest rooms are not sanitized and cleaned after each and every night that they are occupied, including a program under which guests receive a financial incentive to not have their guest room cleaned on a daily basis. This subsection does not prevent a hotel from continuing, modifying or establishing a sustainable environmental program, such as a “green program”, under which guests are encouraged to re-use linens, bath towels or similar items, nor does it require a hotel to have any guest room cleaned when the occupant has opted-out of such service without solicitation by the hotel or when the occupant informs the hotel that they do not wish to be disturbed.
E. 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, identification of rooms cleaned, actual square footage of each room cleaned, number of special-attention rooms, number of additional hotel buildings, number of additional bed rooms, and 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 designated 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. A hotel employer shall maintain an accurate record of the square footage of each room that room attendants are assigned to clean, a copy of which shall be provided to any hotel worker who requests such record.
A. Exemption. The requirements of Section 182.03 shall not apply to a hotel fewer than 45 guest rooms.
B. Waiver application. The Division shall grant a waiver from the requirements of this article to any hotel employer who demonstrates that compliance with this article 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 20 percent or curtail its hotel workers’ total hours by more than 30 percent. The Division 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 Division 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.
C. 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 Division under this section, a hotel employer shall provide written notice of the determination to all hotel workers employed by the hotel employer.
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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