For more information on the HWCO, you may contact the city at (562) 570-6101.

Coverage and Eligibility

A covered “hotel employer” under the HWCO is:

• Any person who owns, controls or operates a hotel in the city; and
• Any person who owns, controls or operates any contracted or leased premises operated in conjunction with a hotel or a person, other than an employee, providing services at a hotel.1

A “hotel” under the HWCO is any structure containing 50 or more guest rooms or suites of rooms, which is occupied or is intended for occupation by guests, including but not limited to a:

• Lodging house;
• Rooming house;
• Dormitory;
• Turkish bath;
• Bachelor hotel;
• Studio hotel;
• Public club; or
• Private club.2

A “hotel” also includes any contracted, leased or sublet premises connected to or operated in conjunction with a hotel, or that is used for the building's purpose or providing services at a hotel.

A “hotel” does not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention or other building in which human beings are housed and detained under legal restraint.3

A “hotel employee” under the HWCO is any individual who:

• Is employed directly by the hotel employer or by a person who has contracted with the hotel employer to provide services at a hotel in the city; and
• Was hired to do or did work an average of five hours per week for four weeks at one or more hotels.4

Panic Button Devices

A hotel employer must provide a portable “panic button” at no cost to each hotel employee assigned to work in a guest room without other hotel employees present.5 The panic button must be an electronic device a hotel employee may use when they reasonably believe there is an ongoing crime, threatening behavior or other emergency occurring, and that will summon immediate assistance from a security guard or other person employed by the hotel.6

Hotel Employees’ Rights

The HWCO provides for various rights and protections to hotel employees who bring violent or threatening conduct to their employer's attention.

A hotel employee who reports guest violence or threatening behavior, including indecent exposure, solicitation, assault or coercive sexual conduct, is entitled to the following protections:

• If the employee reasonably believes their safety is at risk and requests a change, they must be reassigned to a different floor (or, if unavailable, another work area away from the alleged offender), for the duration of the alleged offender's stay.
• The hotel employer must immediately provide the affected employee with sufficient paid time off to contact the police, submit a statement, and consult with a counselor or advisor of their choice. The employee has the option, but is not required, to report the incident to law enforcement.
• The hotel employer must cooperate with any investigations by law enforcement or any attorney representing the employee regarding the incident.7

Workload Limitation

A hotel employer must not require a “room cleaner” to clean more than 4,000 square feet of floor space in an eight-hour workday, unless the cleaner is paid double their regular rate for all hours worked that day.8 Room cleaners are hotel employees whose principal duties are to clean and put in order residential guest rooms in a hotel.9 For workdays shorter than eight hours, the maximum floor space square footage is proportionally reduced.10

Additionally, if a room cleaner is assigned to clean seven or more checkout rooms or additional-bed rooms during a workday, the maximum allowable floor space decreases by 500 square feet for each room beyond six.11 A additional-bed room means a room with additional beds such as cots or rollaways.12

These restrictions apply to all spaces, including guest rooms, suites, meeting rooms and hospitality rooms, regardless of their contents.13

Hotel employers cannot require or allow a hotel employee to work more than 10 hours in a workday unless the employee provides written consent. Consent must be either written and signed, or communicated electronically through a unique account or number belonging to the employee. This written consent is only valid if, within 30 days before giving their consent, the employee is informed in writing that they can refuse to work beyond 10 hours without being subject to any adverse employment action for their refusal. This requirement does not apply in emergency situations.14

Posting and Notice Requirements

Hotel employers must display on the back of each guest room's door a written notification in a font size no less than 18 points that includes a:

• Heading that states, "The Law Protects Hotel Housekeepers and Hotel Employees From Threatening Behavior";
• Citation to the HWCO; and
• Notification to guests that the hotel employer provides panic buttons to its employees working alone in guest rooms.15

Hotel employers must also provide both current employees and new employees with written notice of their rights under the HWCO. This notification must be available in every language spoken by more than 10 hotel employees.16

Recordkeeping

Hotel employers must keep for two years records for each room cleaner as follows:

• Name;
• Rate of pay;
• Pay received;
• Identification of rooms cleaned;
• Actual square footage of each room cleaned; and
• Any written consent provided to work in excess of 10 hours in a workday.17

Hotel employers must make these records available for inspection and copying to any hotel employee or their designated representative; however, the records shall be redacted for personally identifying information of any hotel employee other than the employee making the request. Failure to provide these records will result in a penalty of $100 to $1,000 per day, as determined by the court.18

Retaliation

Hotel employees are protected from any adverse action, such as termination, reduction in wages or increased workload, for opposing any practice prohibited by the HWCO, participating in proceedings relating to the HWCO, seeking to enforce their rights under the HWCO, or otherwise exercising their rights under the HWCO.19

If a hotel employer takes an adverse action against a hotel employee within one year of the hotel employee engaging in a protected activity under the HWCO, the hotel employer must provide to the hotel employee at or before taking adverse action a detailed written statement of the reason(s) for the adverse action, including all facts claimed to substantiate the reason(s) or that contradict the substantiating facts.20

Enforcement

The HWCO may be enforced by a civil action filed in superior court by an aggrieved person or their representative. A party who claims an HWCO violation may seek and receive injunctive relief against any person violating the HWPO, as well as equitable relief, such as reinstatement or monetary damages. A hotel employer is liable for statutory damages of $50 per day for each violation within the HWCO sections on panic button devices, hotel employees' rights and workload limitations. Damages accrue daily for each section violated. In cases of a willful violation of the HWCO’s retaliation section, damages related to lost income will be tripled. Additionally, if a hotel employee prevails in a legal action, the court must award reasonable attorney's fees and costs.21

A hotel employer that contracts with another party - including another hotel employer, temporary staffing agency, employee leasing agency or professional employer organization - to obtain hotel employee services shares all civil responsibilities and liabilities for HWCO violations by that party, excluding bona fide nonprofit, community-based organizations that provide services to workers, and bona fide labor organizations, apprenticeship programs or hiring halls operating under a collective bargaining agreement.22

Waiver

The HWCO requirements cannot be waived by any agreement between an individual hotel employee and employer. Provisions of the hotel employees' rights and workload limitations requirements under the HWCO can only be waived in a bona fide collective bargaining agreement that explicitly states the waiver in clear and unambiguous terms. Unilateral implementation of employment terms by either party in a collective bargaining relationship does not constitute a waiver of any HWCO provisions.23

1. Long Beach Mun. Code sec. 5.49.020

2. Long Beach Mun. Code secs. 5.49.020, 9.02.080

3. Long Beach Mun. Code secs. 5.49.020, 9.02.080

4. Long Beach Mun. Code sec. 5.49.020

5. Long Beach Mun. Code sec. 5.49.030(A)

6. Long Beach Mun. Code sec. 5.49.030(A)

7. Long Beach Mun. Code sec. 5.49.030(C)

8. Long Beach Mun. Code sec. 5.49.040

9. Long Beach Mun. Code sec. 5.49.020

10. Long Beach Mun. Code sec. 5.49.040

11. Long Beach Mun. Code sec. 5.49.040

12. Long Beach Mun. Code sec. 5.49.020

13. Long Beach Mun. Code sec. 5.49.040

14. Long Beach Mun. Code sec. 5.49.050

15. Long Beach Mun. Code sec. 5.49.030(B)

16. Long Beach Mun. Code sec. 5.49.090(B)

17. Long Beach Mun. Code sec. 5.49.060

18. Long Beach Mun. Code sec. 5.49.060

19. Long Beach Mun. Code sec. 5.49.070

20. Long Beach Mun. Code sec. 5.49.070

21. Long Beach Mun. Code sec. 5.49.090(A)

22. Long Beach Mun. Code sec. 5.49.090(C)

23. Long Beach Mun. Code sec. 5.49.080