Author: bu3nk6er0_SU

AMENDED IN SENATE JULY 2, 2018
AMENDED IN ASSEMBLY MAY 25, 2018
AMENDED IN ASSEMBLY MAY 9, 2018
AMENDED IN ASSEMBLY APRIL 23, 2018
california legislature—2017–18 regular session
ASSEMBLY BILL No. 1761
Introduced by Assembly Members Muratsuchi, Quirk, and Carrillo
(Coauthors: Assembly Members Bonta, Gonzalez Fletcher, Kalra,
Levine, McCarty, and Reyes)
January 4, 2018
An act to add Section 6403.7 to the Labor Code, relating to
employment.
legislative counsel’s digest
AB 1761, as amended, Muratsuchi. Employee safety: hotel workers.
Existing law, the California Occupational Safety and Health Act of
1973, requires, among other things, that an employer provide for the
safety of its employees. Existing law requires an employer to provide
and use safety devices and safeguards reasonably adequate to render
the employment and place of employment safe.
This bill would require, among other things, that a hotel employer,
as defined, provide its employees, as defined, with a panic button, as
specified, in order to summon immediate assistance when working
alone in the guestroom. The bill would require a hotel employer to post
a specified notice in each guestroom regarding these provisions. The
bill would require a hotel employer to provide paid time off to an
employee who is the victim of assault in order to contact the police, a
95counselor, medical professional, or an attorney. The bill would require
a hotel employer to provide reasonable accommodations to an employee
who has been subjected to an act of violence, sexual assault, or sexual
harassment by a guest, as specified. The bill would require a hotel
employer, upon request of an employee, to contact law enforcement to
report an act constituting a crime and to cooperate in the investigation.
The bill would prohibit a hotel employer from discriminating or
retaliating against an employee who reasonably uses a panic button,
reports a specified act, requests time off, reasonable accommodations
under these provisions. The bill would establish a minimum standard
of protection for these employees and would authorize the enactment
and enforcement of more protective policies.
The bill would impose a specified civil penalty on hotel employers
for violations of its provisions and would provide legislative findings
in support of its provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares:
line 2 (a) It is the intent of this measure to protect hotel employees
line 3 from violent assault, including sexual assault, and sexual
line 4 harassment, and to enable those employees to speak out when they
line 5 experience harassment or assault on the job.
line 6 (b) Hotel employees are often asked to work alone in hotel
line 7 rooms, which sometimes may be occupied, placing them at risk
line 8 of violent assault, including sexual assault, and sexual harassment.
line 9 SEC. 2. Section 6403.7 is added to the Labor Code, to read:
line 10 6403.7. (a) A hotel employer shall do all of the following:
line 11 (1) Provide employees working alone in a guestroom with a
line 12 panic button, free of charge. The employee may use the panic
line 13 button, and cease work, if the employee reasonably believes there
line 14 is an ongoing crime, harassment, or other emergency happening
line 15 in the employee’s presence. The hotel employer shall develop an
line 16 appropriate protocol, including any necessary training, for how
line 17 staff, security, and management shall respond when a panic button
line 18 is activated. The protocol shall be calculated to ensure an
line 19 immediate on-scene response to the greatest extent possible.
95
AB 1761 — 2 — line 1 (2) Post a notice on the back of each guestroom door with the
line 2 heading, “The Law Protects Hotel Housekeepers and Other
line 3 Employees from Sexual Assault and Harassment.” The notice shall
line 4 be printed in no less than 18-point type and state that panic buttons
line 5 are provided to hotel employees assigned to work alone in
line 6 guestrooms, including housekeepers, room servers, and other
line 7 employees.
line 8 (b) If an employee informs the hotel employer that the employee
line 9 has been subjected to an act of violence, sexual assault, or sexual
line 10 harassment by a guest, then the hotel employer shall do the
line 11 following:
line 12 (1) Provide the employee with paid time off to contact law
line 13 enforcement, seek injunctive or other legal relief, contact an
line 14 attorney, or seek medical treatment, counseling, or other services
line 15 for any physical or mental injuries resulting from the act of
line 16 violence, sexual assault, or sexual harassment. As a condition of
line 17 taking time off for purposes of this paragraph, the employee shall
line 18 give the employer reasonable advance notice of the employee’s
line 19 intention to take time off, unless the advance notice is not feasible.
line 20 When an unscheduled absence occurs, the hotel employer shall
line 21 not take an adverse action against the employee if the employee,
line 22 within a reasonable time, provides documentation showing that
line 23 the absence was for a reason set forth in this paragraph.
line 24 (2) Provide, upon request by the employee, reasonable
line 25 accommodations for an employee who has been subjected to an
line 26 act of violence, sexual assault, or sexual harassment by a guest.
line 27 Reasonable accommodations may include, but are not limited to,
line 28 transfer, reassignment, modified schedule, or any other reasonable
line 29 adjustment to a job structure, workplace facility, or work
line 30 requirement.
line 31 (3) Upon request of the employee, report the act committed
line 32 against the employee to law enforcement and to cooperate in any
line 33 law enforcement investigation, if the act constitutes a crime.
line 34 (4) Comply with any other obligations required by any
line 35 applicable local, state, or federal law, including, but not limited
line 36 to, the requirement to investigate all reports of workplace
line 37 harassment and to take appropriate corrective actions, as provided
line 38 in subdivisions (j) and (k) of Section 12940 of the Government
line 39 Code.
95
— 3 — AB 1761 line 1 (c) A hotel employer shall not discharge or in any manner
line 2 discriminate or retaliate against an employee who reasonably uses
line 3 a panic button, reports an act of violence, sexual assault, or sexual
line 4 harassment, takes time off, or requests reasonable accommodations
line 5 as provided by this section. The protections provided by this
line 6 subdivision are in addition to any protections against retaliation
line 7 provided under Section 98.6, 98.7, or 1102.5. 1102.5 of this code,
line 8 or subdivision (h) of Section 12940 of the Government Code.
line 9 (d) For purposes of this section, the following terms have the
line 10 following definitions:
line 11 (1) “Employee” means an individual who, in any particular
line 12 workweek, performs at least two hours of work for a hotel
line 13 employer. “Employee” also includes a subcontracted worker.
line 14 (2) “Hotel employer” means a person, including a corporate
line 15 officer or executive, who directly or indirectly, including through
line 16 the services of a temporary staffing service or agency, employs or
line 17 exercises control over the wages, hours, or working conditions of
line 18 employees at a hotel, motel, bed and breakfast inn, or similar
line 19 transient lodging establishment as defined in Section 1865 of the
line 20 Civil Code and includes any contracted, leased, or sublet premises
line 21 connected to or operated in conjunction with the purpose of the
line 22 lodging establishment.
line 23 (3) “Panic button” means an emergency contact device that an
line 24 employee can use to summon immediate on-scene assistance from
line 25 another employee, security personnel, or representative of the hotel
line 26 employer.
line 27 (e) In lieu of any other penalty provided by Chapter 4
line 28 (commencing with Section 6423), a hotel employer that violates
line 29 this section shall be subject to a civil penalty of one hundred dollars
line 30 ($100) for each day that the violation continues, not to exceed one
line 31 thousand dollars ($1,000).
line 32 (f) This section establishes a minimum standard to protect
line 33 against violence or sexual harassment of all hotel employees in
line 34 this state, unless not subject to this section, and is in addition to,
line 35 and supplementary to, any other federal, state, or local law or
line 36 ordinance, or any rule or regulation issued thereunder. A city,
line 37 county, or city and county shall have the power to adopt laws or
line 38 ordinances, and rules and regulations thereunder, establishing
line 39 antiviolence and antiharassment standards for hotel employees
line 40 within their jurisdictions. Antiviolence and antiharassment
95
AB 1761 — 4 — line 1 standards for hotel employees established by applicable federal,
line 2 state, or local law or ordinance, or any rule or regulation issued
line 3 thereunder, which are more favorable to hotel employees than the
line 4 minimum standards applicable under this section, or any rule or
line 5 regulation issued hereunder, shall not be affected by this section
line 6 and those other laws, rules, or regulations, and shall have full force
line 7 and effect and may be enforced as provided by law.
O
95

City Council Meeting: August 27, 2019 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING SANTA MONICA MUNICIPAL CODE CHAPTER 4.67
TO ENHANCE PROTECTION OF HOTEL WORKERS
IN THE LOCAL HOSPITALITY INDUSTRY
WHEREAS, by letter dated September 13, 2018, the Commission on the Status of
Women requested the City Council of the City of Santa Monica to adopt legislation to
protect hotel workers from physical violence, provide them fair compensation, and require
education and training to enable hotel workers to protect their own rights and safety as
well as public health and safety; and
WHEREAS, on October 23, 2018, the City Council directed staff to prepare an
ordinance for Council consideration based on all of the elements included in the
Commission on the Status of Women’s letter; and
WHEREAS, on August 13, 2019, the City Council directed staff to include a worker
retention policy in the ordinance prepared for Council consideration; and
WHEREAS, other cities in California and other states have adopted local
legislation to protect the safety and security and improve working conditions of hotel
employees within their respective jurisdictions; and
WHEREAS, hotel workers are vital contributors to the Santa Monica community
and the hospitality industry is an essential component of the City’s economy; and2
WHEREAS, hotel workers who work by themselves in guest rooms are vulnerable
to crimes and other threatening behavior, including sexual assault; and
WHEREAS, ensuring that hotel workers are equipped with personal security
devices and supported in their ability to report criminal and threatening behavior to the
proper authorities will promote their personal safety and improve public safety overall;
and
WHEREAS, hotel workers are subject to being assigned overly burdensome
workloads and unexpected overtime; and
WHEREAS, ensuring that hotel workers receive fair compensation when their work
assignments exceed proscribed limits will promote the public interest and enable hotel
workers to receive fair pay for honest work, to perform their work in a manner that
adequately protects their personal wellbeing, and to meet personal and family obligations;
and
WHEREAS, changes in ownership, control, or operation of hotels occur frequently
in the hotel industry and can trigger mass layoffs of hotel workers and displace employees
who are skilled, knowledgeable, and experienced in providing a safe, clean, and
enjoyable experience for the millions of visitors who come to Santa Monica each year;
and
WHEREAS, ensuring that hotel workers have an opportunity to continue working
for a hotel upon change in hotel ownership, control, or operation will prevent both
unnecessary disruption to the labor market and increased demands on social services
provided by the City, and thereby maintain the stability and high level of service in the
hospitality and tourism businesses in the City, which promotes the public welfare; and 3
WHEREAS, hotel workers are uniquely positioned to identify and report potential
threats or crimes, including potential instances of human trafficking, domestic and sexual
violence, and the presence of suspicious materials that may be linked to other potential
criminal activity; and
WHEREAS, thorough housekeeping services are essential to preventing and
avoiding the spread of disease and pests that pose potential risks to public health and the
enjoyment of guests; and
WHEREAS, ensuring that hotel workers are provided with adequate training and
education to establish a baseline level of knowledge on key issues affecting the public
and their own wellbeing will ensure that hotel workers and visitors alike have safe and
healthy experiences during their time in Santa Monica; and
WHEREAS, given that tourism is one of the largest industries in the City and in the
entire region, establishing the foregoing safety and security measures, fair compensation,
workforce stability, training and education, and worker retention standards for hotel
workers will not only improve worker safety and working conditions, but also benefit the
local and regional economy overall, and thereby promote the public health, safety, and
welfare. 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 4.67 is hereby adopted to
read as follows:
Chapter 4.67 HOTEL WORKER PROTECTION
4.67.010 Definitions.
As used in this chapter:
(a) “Additional bed room” means a guest room with an additional bed or beds
other than those regularly within the guest room, such as a cot or rollaway bed.
(b) “Adverse employment action” means an action that detrimentally and
materially affects the terms, conditions, or privileges of employment.
(c) “Affected hotel” means: (1) in the event of a change in control as defined in
(c)(1) below, the hotel or discrete portion of the hotel that has been the subject of the
change in control and remains in operation following the chance in control; or (2) in the
event of a change in control as defined in (c)(2) below, the hotel that remains in operation
following the change in control of that hotel.
(d) “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; or (2) a
controlling interest (including by consolidation, merger, or reorganization) of a hotel
employer or any person who controls a hotel employer. 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.5
(e) “Checkout room” means a guest room to be cleaned by a hotel worker due
to the departure of the guest assigned to that room.
(f) “City” means the City of Santa Monica.
(g) “Eligible hotel worker” means a hotel worker employed by an incumbent
hotel employer at the time of a change in control and who has been so employed for at
least two months prior to the change in control.
(h) “Emergency” means an immediate threat to public safety or of substantial
risk of property loss or destruction.
(i) “Guest” means a registered guest of a hotel, a person occupying a guest
room with a registered guest, or a visitor invited to a guest room by a registered guest or
other person occupying a guest room.
(j) “Guest room” means any room or suite of rooms intended to be used by a
guest of a hotel for sleeping purposes.
(k) “Hotel” means an establishment that provides temporary lodging in the form
of overnight accommodations in guest rooms to transient patrons who maintain a
permanent place of residence elsewhere for payment for periods of 30 consecutive
calendar days or less, and may provide additional services, such as conference and
meeting rooms, restaurants, bars, or recreation facilities available to guests or to the
general public. “Hotel” includes motor lodges, motels, apartment hotels, and tourist courts
meeting the definition set forth above. “Hotel” also includes any contracted, leased or
sublet premises operated in conjunction with a hotel or that is used for the primary
purpose of providing services at a hotel. “Hotel” does not include a hostel, which is a
lodging facility primarily characterized by dormitory-style accommodations, shared 6
bathrooms, and reservations of beds rather than rooms. “Hotel” also does not include
corporate housing, rooming houses, boarding houses, or private residential clubs, singleroom occupancy housing, vacation rentals, or bed and breakfast establishments within a
single-unit residence.
(l) “Hotel employer” means any person who owns, controls, or operates a hotel
in the City, and includes any person or contractor acting as an agent of a hotel employer
in a managerial, supervisory, or confidential capacity.
(m) “Hotel worker” means any person who is employed by a hotel employer to
provide services at a hotel. “Hotel worker” does not include a managerial, supervisory or
confidential employee.
(n) “Hotel worker retention period” means the period of time beginning on the
date of a change in control and extending to 90 days from the first date that an affected
hotel is open to the public after a change in control.
(o) “Incumbent hotel employer” means a hotel employer who owns, controls, or
operates a hotel prior to a change in control of the hotel or of a discrete portion of the
hotel that continues to operate as a hotel after the change in control.
(p) “Personal security device” means a portable emergency contact device,
including but not limited to a panic button, that is designed so that a hotel worker can
quickly and easily activate such device to summon to the hotel worker’s location prompt
assistance by a hotel security officer, manager or supervisory hotel staff member
designated by a hotel employer.
(q) “Room attendant” means a hotel worker whose principal duties are to clean
and put in order guest rooms in a hotel.7
(r) “Successor hotel employer” means a hotel employer who owns, controls, or
operates a hotel after a change in control.
(s) “Violent or threatening conduct” means: (1) any conduct that involves the
use of physical violence or that would reasonably be interpreted as conveying a threat
of the use of physical violence, and includes but is not limited to rape, assault (including
sexual assault), and battery (including sexual battery), as defined by the California
Penal Code, as well as any threat or attempt to commit such an act; or (2) any sexual
conduct, or solicitation to engage in sexual conduct, directed by a guest at a hotel
worker without the consent of the hotel worker and includes, but is not limited to,
indecent exposure as defined by the California Penal Code.
(t) “Workday” means any consecutive 24-hour period commencing at the same
time each calendar day.
4.67.020 Measures to protect hotel workers from violent or threatening conduct.
(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
employees are not present in the guest room or restroom facility. The personal
security device shall be provided at no cost to the hotel worker.
(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 8
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 assign a security guard, manager or
supervisory hotel staff member to provide immediate on-scene assistance in the
event that a personal security device is activated.
(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.9
(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 chapter of the Santa Monica Municipal
Code, and notifies guests that the hotel employer provides personal security devices to
its employees.
(d) Training. A hotel employer shall provide 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 on the later of the effective date of this chapter or within
one month of the hotel worker’s date of hire.
4.67.030 Measures to provide fair compensation for workload.
(a) Workload limitation. A hotel employer shall not require a room attendant
to clean rooms amounting to a total of more than 4,000 square feet of floor space in any
workday, unless the hotel employer pays the room attendant one and a half times the
room attendant’s regular rate of pay for each and every hour worked during the workday.
If a room attendant works less than eight hours in a workday, the maximum floor space
set forth in this subsection shall be reduced on a prorated basis. If a room attendant is
assigned to clean seven or more checkout or additional bed rooms during a workday,
each such checkout or additional bed room shall for purposes of this subsection count as
500 square feet, regardless of the actual square footage of each room. The limitations
contained herein apply to any combination of spaces, including guest rooms, meeting 10
rooms, and other rooms within the hotel, and apply regardless of the furniture, equipment,
or amenities in such rooms.
(b) 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 seven days 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.
(c) Preservation of records. Each hotel employer shall maintain for at least
two years a record of each room attendant’s name, rate of pay, pay received, rooms
cleaned or total square footage cleaned for each workday, overtime hours worked for
each workday, and any written consents provided pursuant to subdivision (b) above. A
hotel employer shall make these records available for inspection and copying to any hotel
worker or hotel worker’s employee 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.
4.67.040 Notice of change in control.
(a) Within five days of a change in control, a successor hotel employer shall
post written notice of the change in control at the location of the affected hotel. This
written notice shall remain posted during any closure of the affected hotel and for six
months following the first date on which the affected hotel is open to the public under 11
the successor hotel employer.
(b) This written notice shall include, but not be limited to, the name and
contact information of the incumbent hotel employer, the name and contact information
of the successor hotel employer, and the effective date of the change in control.
(c) This written notice shall be posted in a conspicuous place at the affected
hotel and shall be readily visible to eligible hotel workers, other employees, and
applicants for employment.
4.67.050 Hotel worker retention.
(a) Within 15 days of a change in control, an incumbent hotel employer shall
provide a successor hotel employer with a list of eligible hotel workers. This list shall
include the name, date of hire, and job classification of each eligible hotel worker. A
successor hotel employer shall be required to maintain and hire from this list during the
hotel worker retention period.
(b) A successor hotel employer shall, during the hotel worker retention period,
offer each eligible hotel worker employment for no less than 90 days, except that:
(1) A successor hotel employer shall not be required to offer
employment to an eligible hotel worker if the successor hotel employer has
reasonable and substantiated cause not to retain that eligible hotel worker based
on that eligible hotel worker’s individual performance or conduct while employed
by the incumbent hotel employer; and
(2) If a successor hotel employer determines during the hotel worker
retention period that it requires fewer hotel workers than were required by the
incumbent hotel employer, the successor hotel employer shall retain eligible hotel 12
workers pursuant to the terms of a relevant collective bargaining agreement, if any,
or by seniority and experience within each job classification to the extent that
comparable job classifications exist.
(c) An eligible hotel worker retained pursuant to this section shall be employed
under terms and conditions established by the successor hotel employer as required by
law and shall not be discharged except for good cause based on individual performance
or conduct.
(d) An offer of employment made pursuant to subdivision (b) shall be made in
writing and shall remain open for at least ten business days from the date of the offer.
(e) A successor hotel employer shall retain written verification of each offer of
employment made pursuant to subdivision (b). This verification shall include the name,
address, date of hire, and job classification of the eligible hotel worker to whom the offer
was made. A successor hotel employer shall retain the required verification for no less
than three years from the date the offer is made.
(f) At the end of the hotel worker retention period, a successor hotel employer
shall provide each hotel worker retained pursuant to this section with a written
performance evaluation. If the hotel worker’s performance was satisfactory, the successor
hotel employer shall consider offering the hotel worker continued employment under the
terms and conditions established by the successor hotel employer and as required by
law. A successor hotel employer shall retain the written performance evaluation required
under this subsection for no less than three years from the date it is issued. 13
(g) The rights to retention set forth in this section do not apply to any
managerial, supervisory, or confidential employee and do not include the right to retain
any supervisory or management responsibility.
4.67.060 Public housekeeping training.
(a) The City manager, or designee, shall establish a process whereby an
organization may become certified by the City as a “Public Housekeeping Training
Organization.”
(b) In order to become certified as a Public Housekeeping Training
Organization, an organization shall meet requirements set forth by the City manager, or
designee, that shall include but not be limited to the following:
(1) A Public Housekeeping Training Organization must have
experience providing training to hotel workers or immigrant low-wage workers,
utilize interactive teaching strategies that engage across multiple literacy levels,
and provide trainers and educators who are culturally competent and fluent in the
language or languages that hotel workers understand.
(2) A Public Housekeeping Training Organization shall offer a “Public
Housekeeping Training Program” that includes no less than six hours of training,
including live and interactive instruction, on the following elements, except that
the City manager, or designee, may determine that any element below is
separately and sufficiently required by State or local law, in which case the
element may be eliminated and the total training time reduced accordingly:
(A) hotel worker rights and hotel employer responsibilities under
this chapter and Chapter 4.63 of this Code;14
(B) best practices for identifying and responding to suspected
instances of human trafficking, domestic violence, or violent or threatening
conduct;
(C) best practices for effective cleaning techniques to prevent
the spread of disease;
(D) best practices for identifying and avoiding insect or vermin
infestations; and
(E) best practices for identifying and responding to the presence
of other potential criminal activity.
(3) A Public Housekeeping Training Organization may coordinate with
a hotel employer to ensure that training content aligns where appropriate with the
hotel employer’s policies and procedures. Ultimate discretion regarding training
content shall remain with the Public Housekeeping Training Organization, subject
to requirements set forth by the City manager, or designee.
(4) A Public Housekeeping Training Organization shall administer a
“Public Housekeeping Examination” to hotel workers who complete its training
program. The Public Housekeeping Examination shall test basic proficiency in
the required training elements.
(5) A Public Housekeeping Training Organization shall promptly issue
a “Public Housekeeping Certificate” to any person who successfully completes its
Public Housekeeping Training Program and Public Housekeeping Examination.
A Public Housekeeping Certificate shall be valid for a period of five years.15
(6) A Public Housekeeping Training Organization shall offer a right of
review to an individual who completes the Public Housekeeping Training
Program but does not successfully complete the Public Housekeeping
Examination.
(c) A hotel employer shall contract with a certified Public Housekeeping
Training Organization to, no less than annually, conduct a Public Housekeeping
Training Program, administer a Public Housekeeping Examination, and issue a Public
Housekeeping Certificate to each person who has successfully completed the Public
Housekeeping Training Program and Public Housekeeping Examination. A hotel
employer shall document compliance with the training requirement set forth in this
section by completing and signing a form as required by the City to certify that the
training was conducted. A Public Housekeeping Training Organization that provides
such a training shall submit a report to the City within five days of the training to
document the date on which the training was held and the names of all hotel workers
who received Public Housekeeping Certificates.
(d) No hotel employer shall employ a hotel worker to work as a room
attendant for more than 120 days unless the hotel worker presents the hotel employer
with a valid Public Housekeeping Certificate. This subsection shall become effective
one year from the effective date of this chapter.
(e) Each hotel employer shall retain records sufficient to demonstrate
compliance with this section, including a copy of a valid Public Housekeeping Certificate
for each hotel worker then assigned to work as a room attendant.16
4.67.070 Limited waiver for certain hotel employers.
(a) The City manager, or designee, shall grant a waiver from the requirements
of this chapter to any hotel employer who demonstrates that compliance with this chapter
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 City manager, or designee, 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 City manager, or designee, to grant or deny a request
for waiver under this section may be appealed to a hearing examiner pursuant to Chapter
6.16 of this Code.
(b) 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 City manager, or designee, under this section, a hotel employer shall provide
written notice of the determination to all hotel workers employed by the hotel employer. 17
4.67.080 Notice.
A hotel employer shall provide written notice of the hotel workers’ rights set forth
in this chapter to each hotel worker at the time of hire or on the effective date of this
chapter, whichever is later. Such written notice shall be provided in English, Spanish and
any other language spoken by five percent or more of the hotel workers employed by the
hotel employer.
4.67.090 Retaliatory action prohibited.
No person shall take an adverse employment action against a hotel worker for
exercising rights protected under this chapter. There shall be a rebuttable presumption
that an adverse employment action taken against a hotel worker within 90 days of the
hotel worker’s exercise of rights under this chapter was taken in retaliation for the exercise
of such rights.
4.67.100 Administrative regulations.
The City manager, or designee, is authorized to adopt administrative regulations
that are consistent with and in furtherance of the provisions of this chapter. Violations of
the administrative regulations adopted pursuant to this section shall constitute violations
of this chapter and shall subject the violator to the penalties set forth in this chapter.
4.67.110 Supersession by collective bargaining agreement.
The provisions of sections 4.67.030, 4.67.040, and 4.67.050, 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 chapter
by means of unilaterally imposed terms and conditions of employment. 18
4.67.120 Civil remedies.
(a) Civil action. The City or any aggrieved person may enforce the provisions
of this chapter 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 chapter 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
chapter is liable for any actual damages suffered by any aggrieved person or for statutory
damages up to the amount of $100 per aggrieved person per day, except that statutory
damages for failure to maintain records shall not exceed $1,000 per day in total. 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 may, at its discretion, award the prevailing party reasonable attorneys’ fees and
costs, including expert witness fees.
(e) Cumulative remedies. The remedies set forth in this chapter are
cumulative. Nothing in this chapter shall be interpreted as restricting, precluding, or
otherwise limiting a separate or concurrent criminal prosecution under this Code or State
law.
4.67.130 Effective date.
This chapter shall become effective on January 1, 2020. 19
SECTION 2. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorne

CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5258
66th Legislature
2019 Regular Session
Passed by the Senate April 26, 2019
Yeas 46 Nays 0
President of the Senate
Passed by the House April 25, 2019
Yeas 73 Nays 25
Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is ENGROSSED
SUBSTITUTE SENATE BILL 5258 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Secretary
Approved FILED
Governor of the State of Washington
Secretary of State
State of Washington1 AN ACT Relating to preventing the sexual harassment and sexual
2 assault of certain isolated workers; and adding a new section to
chapter 49.60 RCW.3
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 49.60
RCW to read as follows:6
7 (1) Every hotel, motel, retail, or security guard entity, or
8 property services contractor, who employs an employee, must:
(a) Adopt a sexual harassment policy;9
10 (b) Provide mandatory training to the employer’s managers,
supervisors, and employees to:11
12 (i) Prevent sexual assault and sexual harassment in the
workplace;13
14 (ii) Prevent sexual discrimination in the workplace; and
15 (iii) Educate the employer’s workforce regarding protection for
16 employees who report violations of a state or federal law, rule, or
regulation;17
18 (c) Provide a list of resources for the employer’s employees to
19 utilize. At a minimum, the resources must include contact information
20 of the equal employment opportunity commission, the Washington state
ENGROSSED SUBSTITUTE SENATE BILL 5258
AS AMENDED BY THE CONFERENCE COMMITTEE
Passed Legislature – 2019 Regular Session
State of Washington 66th Legislature 2019 Regular Session
By Senate Labor & Commerce (originally sponsored by Senators Keiser,
Wellman, Saldaña, Randall, Das, Dhingra, Cleveland, Conway, Wilson,
C., Darneille, Kuderer, Takko, Salomon, Hasegawa, and Hunt)
READ FIRST TIME 01/25/19.
p. 1 ESSB 5258.PL1 human rights commission, and local advocacy groups focused on
2 preventing sexual harassment and sexual assault; and
3 (d) Provide a panic button to each employee. The department must
4 publish advice and guidance for employers with fifty or fewer
5 employees relating to this subsection (1)(d). This subsection (1)(d)
6 does not apply to contracted security guard companies licensed under
chapter 18.170 RCW.7
8 (2)(a) A property services contractor shall submit the following
9 to the department on a form or in a manner determined by the
department:10
11 (i) The date of adoption of the sexual harassment policy required
in subsection (1)(a) of this section;12
13 (ii) The number of managers, supervisors, and employees trained
14 as required by subsection (1)(b) of this section; and
15 (iii) The physical address of the work location or locations at
16 which janitorial services are provided by workers of the property
17 services contractor, and for each location: (A) The total number of
18 workers or contractors of the property services contractor who
19 perform janitorial services; and (B) the total hours worked.
20 (b) The department must make aggregate data submitted as required
in this subsection (2) available upon request.21
22 (c) The department may adopt rules to implement this subsection
(2).23
(3) For the purposes of this section:24
25 (a) “Department” means the department of labor and industries.
26 (b) “Employee” means an individual who spends a majority of her
27 or his working hours alone, or whose primary work responsibility
28 involves working without another coworker present, and who is
29 employed by an employer as a janitor, security guard, hotel or motel
housekeeper, or room service attendant.30
31 (c) “Employer” means any person, association, partnership,
32 property services contractor, or public or private corporation,
33 whether for-profit or not, who employs one or more persons.
34 (d) “Panic button” means an emergency contact device carried by
35 an employee by which the employee may summon immediate on-scene
36 assistance from another worker, a security guard, or a representative
of the employer.37
38 (e) “Property services contractor” means any person or entity
39 that employs workers: (i) To perform labor for another person to
40 provide commercial janitorial services; or (ii) on behalf of an
p. 2 ESSB 5258.PL1 employer to provide commercial janitorial services. “Property
2 services contractor” does not mean the employment security department
3 or individuals who perform labor under an agreement for exchanging
4 their own labor or services with each other, provided the work is
5 performed on land owned or leased by the individuals.
6 (f) “Security guard” means an individual who is principally
7 employed as, or typically referred to as, a security officer or
8 guard, regardless of whether the individual is employed by a private
9 security company or a single employer or whether the individual is
required to be licensed under chapter 18.170 RCW.10
11 (4)(a) Hotels and motels with sixty or more rooms must meet the
requirements of this section by January 1, 2020.12
13 (b) All other employers identified in subsection (1) of this
14 section must meet the requirements of this section by January 1,
2021.15
— END —
p. 3 ESSB 5258.PL