The Glendale City Council recently received a proposed ordinance from UNITE HERE Local 11 that would implement emergency Hospitality Worker protections. UNITE HERE Local 11 is an international labor union that represents workers in various industries including the hotels. The proposed ordinance is aimed at providing protection from unjust discharge from work, worker retention and safety. The key components of the proposed ordinance have been adopted by the cities of Santa Monica, Los Angeles and Philadelphia.
On April 14, 2020, the Glendale City Council directed city staff draft a Hospitality Worker Workplace Protection Ordinance (“Ordinance”) containing several key provisions.
Share Your Input.
We are calling all stakeholders to provide feedback on this proposed ordinance.
- Take our online survey to help us better understand how this proposed ordinance impacts you.
TAKE THE SURVEY
The key provisions are highlighted below. Please read the draft ordinance for details pertaining to each of these summarized provisions:
- Applicability - The proposed Ordinance applies to:
- "Hospitality Employers” defined to include any person who owns, controls, or operates a hospitality facility in Glendale, including any person or contractor in a managerial, supervisory, or confidential capacity who employs workers to provide services as a hospitality facility.
- “Hospitality Facilities” are defined as “hotels” (see below), and include establishments that provide temporary lodging for a fee to overnight transient patrons, who maintain a permanent place of residence elsewhere, for 30 consecutive calendar days or less, and may provide additional services.
- “Hotels” include, for purposes of this Ordinance, motor lodges, motels, apartment hotels, tourist courts, and 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”. “Hotels” do not include hostels, corporate housing, rooming or boarding houses, or private residential clubs, single-room occupancy housing, vacation rentals, or bed & breakfast establishments within a single-unit residence.
- “Hospitality Workers” include any person employed by a “Hospitality Employer” to provide services at a “Hospitality Facility”. “Hospitality Workers” do not include managerial, supervisory or confidential employees.
- PLEASE REVIEW THE ORDINANCE FOR OTHER DEFINITIONS
- Fair Discharge - Hospitality employers may only discharge hospitality employees for the following reasons:
- Bona fide Economic Reasons which can be documented and which show a reduction in revenue or profit.
- Just Cause based on a hospitality worker’s failure to satisfactorily perform job duties or for misconduct that is demonstrably and materially harmful to the hospitality employers’ legitimate business interests.
- Recall of Workers - Qualified worker recall preference would be given to hospitality workers that are “Qualified Discharged Employees” when positions become available.
A qualified discharged employee is an employee who:
- was not discharged for just cause, and
- held the same or a similar position prior to being discharged, or
- can be qualified by the new employee training intended for that position.
- If more than one discharged employee is qualified for the position, the one with the greatest length of service will be offered the position.
- Retention of Workers - There are provisions to retain existing hospitality employees when a hospitality facility experiences a “Change in Control” due to a sale, merger or transfer.
- Hospitality employees must receive notice of a change of control within 15 days of effective date of such change in control.
- Successor employer must keep employees for the “Worker Retention Period” of a minimum of 90 days unless:
- There is just cause for an employee discharge; or
- The successor employer determines that it needs fewer employees than the previous employer required.
- Safety of Workers - This provision requires a hospitality employer to ensure hospitality workers receive certification that they received annual training from qualified safety training expert selected by the City with respect to recognizing and protect hospitality employees from human trafficking, sexual violence, criminal activity, or other threatening behavior.