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November 2022: The City of Irvine May Be Next to Pass a Hotel Worker Protection Ordinance

17 Nov

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Update Applicable to: 
All employers of hotels in the city of Irvine, California.

What happened?
On October 25, 2022, the Irvine City Council voted by a close margin to pass a hotel worker protection ordinance. The ordinance still must pass a second reading vote to become effective. To date, the second reading has not been scheduled.

What are the details? 
The following are the basics of the proposed ordinance, which mirror other California cities:

Personal Security Devices
Under the ordinance, hotel employers would be required to provide workers with a panic button device, which can be activated when personal safety issues exist.

Hotel employers shall have a designated and assigned security guard who can receive alerts from the device and provide on-scene assistance. Hotels with fewer than 60 guest rooms may train a hotel supervisor or manager to fulfill this function in lieu of a security guard.

The ordinance also provides rights to hotel employees who report violent or threatening conduct, including reasonable accommodation and paid time off, to report such incidents to law enforcement.

Workload and Hours Limitations
The ordinance also establishes certain workload and hours limitations for hotel workers. Based on the size of the hotel, the ordinance would establish a maximum room cleaning quota for hotel staff. Further, hotel employers could not require or permit a hotel worker to work more than 10 hours in a workday unless the hotel worker consents in writing to additional work hours.

Hotel employers will be required to provide written notice of the hotel worker’s rights regarding the workload requirements at the time of hire or within 30 days of the ordinance’s effective date.

Moreover, a collective bargaining agreement (CBA) may supersede the workload and hours limitations, but only if the waiver is expressly outlined in the CBA.

If passed on the second reading, the ordinance would become effective 30 days from the vote, except for the measures to provide fair compensation for workload, which would become effective in 180 days.

For more information, please see the links below:

Article

What do employers need to do?
Employers should review the link provided above and be on the lookout for any news regarding this possible new law. Vensure will continue to update once more news has been received.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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