Glendale, California joins Los Angeles, San Francisco, and several other cities in providing protections for hotel workers.  As of July 28, 2022, the Glendale Hotel Worker Protection Ordinance protects hotel workers working in covered hotels by protecting workers from violent or threatening behavior, limiting workload without overtime pay, prohibiting forced shifts over ten (10) hours each day, and establishing a minimum wage for all hotel workers.

Is My Hotel Covered Under the Glendale Hotel Worker Protection Ordinance? 

The Glendale Hotel Worker Protection Ordinance defines “hotel” as an establishment offering paid lodging in rooms for thirty (30) consecutive days or less.  Glendale Municipal Code § 5.120(H).  Although the Ordinance repeatedly refers to hotels, the Glendale Hotel Worker Protection Ordinance also protects workers working in the following establishments:

  • Motor lodges;
  • Motels;
  • Apartment hotels;
  • Private residential clubs;
  • Tourist courts;
  • Hostels; or,
  • Any part of the hotel that may be leased, sublet, or rented for providing services at the hotel, such as a conference room or ballroom.

The Glendale Hotel Worker Protection Ordinance does not protect workers working at:

  • Corporate housing;
  • Rooming houses;
  • Boarding houses;
  • Single-room occupancy housing; or,
  • Licensed bed and breakfast establishments in a single-unit residence.

Is My Position Covered Under the Glendale Hotel Worker Protection Ordinance? 

Under the Glendale Hotel Worker Protection Ordinance, any person employed by a hotel to provide services at the hotel is a hotel worker covered under the law. Glendale Municipal Code § 5.120(J).  Managers, supervisor, or confidential employees are not covered under the Glendale Hotel Worker Protection Ordinance.

How Does the Glendale Hotel Worker Protection Ordinance Protect Glendale Hotel Workers From Violent or Threatening Behavior?

The Glendale Hotel Worker Protection Ordinance protects Glendale hotel workers from violent or threatening behavior by:

  • Requiring hotels to provide complimentary personal security devices to every Glendale hotel worker assigned to work in a guestroom or restroom alone. Glendale Municipal Code § 5.120.020(A)(1).  A personal security device includes a panic button.  The personal security device must quickly and easily contact a hotel security officer, manager, or supervisor that can respond to violent or threatening conduct. Glendale Municipal Code § 5.120(K);
  • Permitting Glendale hotel workers facing violent or threatening behavior to cease work and leave the dangerous area while awaiting the hotel’s emergency response. Glendale Municipal Code § 5.120.020(A)(2);
  • Protecting Glendale hotel workers from adverse employment actions who activate their personal security device and/or cease work and relocate away from violent or threatening conduct, except where the evidence shows the Glendale hotel worker knowingly and intentionally made a false claim. Glendale Municipal Code § 5.120.020(A)(2);
  • Requiring Glendale hotels to have a designated and assigned security guard, manager, or supervisor hotel staff member to receive and respond to personal security device alerts. The designated hotel worker must also provide immediate on-site assistance. Glendale Municipal Code § 5.120.020(A)(3);
  • Immediately providing any Glendale hotel worker that reports a hotel guest’s violent or threatening conduct paid time to report the conduct to the police, and to discuss the matter with an attorney, counselor, or other advisor. Glendale Municipal Code § 5.120.020(B)(1);
  • Prohibiting Glendale hotels from preventing, or attempting to prevent, a Glendale hotel worker from reporting violent or threatening conduct to the police, or other law enforcement agency. Glendale Municipal Code § 5.120.020(B)(2);
  • Prohibiting Glendale hotels from taking or threatening to take any adverse employment actions against a Glendale hotel worker based on their decision not to report violent or threatening conduct to the police. Glendale Municipal Code § 5.120.020(B)(3);
  • Requiring Glendale hotels to provide notice in every guest room and restroom a sign notifying hotel guests of the Glendale Hotel Worker Protection Ordinance and some of its protections. Glendale Municipal Code § 5.120.020(C);
  • Requiring Glendale hotels to provide notice, in English, Spanish, or any other language spoken by 5% of the workforce, to Glendale hotel workers of their rights set forth in the Ordinance during onboarding. Glendale Municipal Code § 5.120.060;
  • Requiring Glendale hotels to provide, upon request, reasonable accommodation to any victim under this Ordinance. Glendale Municipal Code § 5.120.020(B)(4).  Reasonable accommodation may include, but are not limited to,
    • A modified work schedule;
    • Reassignment to a vacant position; or,
    • Other reasonable job, workplace facility, or work requirement adjustments.

What is Violent or Threatening Conduct Under the Glendale Hotel Worker Protection Ordinance?

The Glendale Hotel Worker Protection Ordinance defines violent or threatening conduct as:

  1. Physical violence, conduct that reasonably coveys a threat of physical violence, including rape, assault, sexual assault, battery, sexual battery, or any threat or attempt to commit one of the abovementioned acts; or,
  2. Any sexual conduct, or solicitation to engage in sexual conduct without consent, including indecent exposure. Glendale Municipal Code § 5.120(N).

What is an Adverse Employment Action Under the Glendale Hotel Worker Protection Ordinance?

Under the Glendale Hotel Worker Protection Ordinance, an adverse employment action occurs where a Glendale hotel takes an action that detrimentally and materially impacts employment conditions. Glendale Municipal Code § 5.120(B).  Examples include termination, demotion, pay reduction, hours reduction, altering established work schedules, increased workload, imposition of fees or charges, or change of duties.

How Does the Glendale Hotel Worker Protection Ordinance Ensure Overtime Compensation for Significant Workloads?

To ensure Glendale hotel workers receive a living wage, the Glendale Hotel Worker Protection Ordinance provides strong worker protections by mandating:

  • A workload limitation limiting a Glendale hotel worker’s daily workload;
  • A hotel worker minimum wage; and,
  • An anti-retaliation provision.

What is the Workload Limitation for Glendale Hotel Workers Under the Glendale Hotel Worker Protection Ordinance?

The Glendale Hotel Worker Protection Ordinance limits the amount of work Glendale hotel workers must perform each day. Glendale Municipal Code § 5.120.030(A).  The Ordinance’s maximum floor space limitation for a Glendale hotel worker is based on hotel size:

  • For hotels with fewer than forty (40) guest rooms, a Glendale hotel worker shall not be required to clean more than 4,000 square feet of guest room floor space in an eight-hour workday, unless the hotel pays overtime compensation at twice the Glendale employee’s hourly rate for all hours worked that day; and,
  • For hotels with forty (40) or more guest rooms, a Glendale hotel worker shall not be required to clean more than 3,500 square feet of guest room floor space in an eight-hour workday, unless the hotel pays overtime compensation at twice the Glendale employee’s hourly rate for all hours worked that day.

The Glendale Hotel Worker Protection Ordinance provides guidance on counting square footage.  Where Glendale hotel workers are assigned to clean six (6) or more rooms during any eight-hour workday, each room shall count as the greater of either 500 square feet, or the actual square footage of the room.  Where a Glendale hotel worker works less or more than eight (8) hours in a workday, or is assigned to cleaning duties for less or more than eight (8) hours in a workday, the maximum floor space limitations shall be prorated accordingly.  Further, the maximum floor space limitations shall be prorated where two or more Glendale hotel workers clean rooms together.

Does the Glendale Hotel Worker Protection Ordinance Limit Glendale Hotel Employee Shifts to Ten (10) Hours Per Day?

Yes, the Glendale Hotel Worker Protection Ordinance limits Glendale hotel employee shifts to ten (10) hours per day. Glendale Municipal Code § 5.120.030(C).  However, the Glendale hotel worker may provide written consent agreeing to a longer shift, provided the Glendale hotel employer provides written notice at least seven days prior that:

  • The Glendale hotel worker may decline to work more than ten (10) hours in a single day; and,
  • The Glendale hotel employer will not take an adverse employment action against the Glendale hotel worker for declining to work more than ten (10) hours per day.

Please note that this protection does not apply to emergency circumstances requiring the Glendale hotel worker to work for more than ten (10) hours in a single workday.

What is the Glendale Hotel Worker Minimum Wage Under the Glendale Hotel Worker Protection Ordinance?

The Glendale Hotel Worker Protection Ordinance provides Glendale hotel workers with a Glendale Hotel Worker Minimum Wage. Glendale Municipal Code § 5.120.040(A).  Glendale hotel workers covered under the Ordinance must receive the greater of either $17.64 per hour or the hourly wage rate for hotel workers required under Los Angeles Municipal Code section 186.02, which is presently $18.17.  This minimum wage does not include tips, bonuses, or service charge disbursements.

What Records Must Glendale Hotel Employers Maintain Under the Glendale Hotel Worker Protection Ordinance?

Under the Glendale Hotel Worker Protection Ordinance, Glendale hotel employers must maintain several records for at least three (3) years, which Glendale hotel employees may obtain upon request, including:

  • The name, pay rate, pay received, overtime hours worked each day, written consents provided for overtime work, rooms cleaned, and total daily square footage cleaned for each Glendale hotel worker; and,
  • An accurate record of the square footage of each room that Glendale hotel workers are assigned to clean. Glendale Municipal Code § 5.120.030(D).

Does the Glendale Hotel Worker Protection Ordinance Protect Against Employer Retaliation? 

Yes, the Glendale Hotel Worker Protection Ordinance protects against employer retaliation for a Glendale hotel worker exercising any right afforded in the Ordinance. Glendale Municipal Code § 5.120.070.  Glendale hotels may not discharge, reduce compensation, take adverse action against, or otherwise discriminate against any Glendale hotel worker for:

  • Opposing any practice proscribed in the Ordinance;
  • Participating in proceedings relating to the Ordinance;
  • Enforcing any right provided by the Ordinance; or,
  • Otherwise asserting rights under the Ordinance.

Where a Glendale hotel takes an adverse action against a Glendale hotel worker within one (1) year of the worker exercising their rights under the Ordinance must provide a detailed written statement of the reason(s) for the discharge or other adverse action.  The written statement must include facts claimed to substantiate the reason(s).

Can I Sue My Glendale Hotel Employer for Violating the Glendale Hotel Worker Protection Ordinance?

Yes, the Glendale Hotel Worker Protection Ordinance contains a private right of action entitling Glendale hotel workers to sue their Glendale hotel employers for legal violations and rights deprivations. Glendale Municipal Code § 5.120.100(A).  Where a Glendale hotel worker prevails in court, they may recover actual damages, statutory damages of $100 per day, and attorney fees and court costs. Glendale Municipal Code § 5.120.100(C), (D).  Where a Glendale hotel employer’s violation of the Ordinance is willful, the court triples the actual damage and statutory penalty award.

To discuss your rights under the Glendale Hotel Worker Protection Ordinance contact Astanehe Law, including by phone or email to speak with an employment attorney.