Irvine Municipal Code Div. 6 Hotel Worker Protection Ordinance

Footnotes:

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Editor's note— Ord. No. 24-22, § 2, adopted January 28, 2025, amended division 6 in its entirety to read as herein set out. Former division 6, §§ 3-6-101—3-6-109, pertained to similar subject matter, and derived from Ord. No. 22-13, § 2, 11-22-22.

The following words and phrases shall have the meanings set forth below, unless the context requires otherwise.

Adverse employment action means an action that detrimentally and materially affects the terms, conditions, or privileges of employment, including but not limited to, any act to discharge, reduce in compensation, reduce work hours, alter established work schedules, increase workload, impose fees or charges, or change duties of a hotel worker.

City means the City of Irvine.

Emergency means an immediate threat to public safety or of substantial risk of property loss or destruction.

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.

Guest room means any room, suite of rooms, dwelling unit, cottage, or bungalow intended to be used by a guest of a hotel for transient sleeping purposes.

Hotel means an establishment that provides temporary lodging for payment in the form of overnight accommodations in guest rooms to transient patrons 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 hotels, motor lodges, motels, apartment hotels, transient occupancy residential structures, and extended-stay hotels that rent units (including units with kitchens) for fewer than 30 days, private residential clubs, tourist courts, and hostels that contain both dormitory-style accommodations and private guest rooms that may be reserved, 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. Except as provided above, the term "Hotel" does not include corporate housing, rooming houses, boarding houses, single-room occupancy housing, or licensed bed and breakfast establishments within a single-unit residence. "Hotel" does not include a Short-Term Rental, as defined in Zoning Ordinance Section 3-25-2.E.

Hotel employer means any person who owns, controls, or operates a hotel in the City, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs hotel workers to provide services at a hotel in conjunction with the hotel's purpose.

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.

Personal security device means a portable emergency contact device, including but not limited to a panic button, that signals the hotel worker's location and that provides direct contact between a hotel worker and a hotel security guard or responsible manager or supervisor designated by a hotel employer to respond to violent or threatening conduct. A personal security device does not include a whistle, noise-maker, alarm bell, or similar device that does not provide direct contact between the hotel worker and the designated security officer.

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.

(Ord. No. 24-22, § 2, 1-28-25)

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 workers are not assigned to be present. The personal security device shall be provided at no cost to the hotel worker and shall be maintained in good working order by the hotel employer.

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 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 at all times have a designated and assigned security guard who can receive alerts from personal security devices and can provide immediate on-scene assistance in the event that a personal security device is activated. Hotels with fewer than 60 guest rooms may utilize a hotel supervisor or manager to fulfill the requirement of this subsection. If a hotel employer designates a manager or supervisory hotel staff member pursuant to this subsection, the hotel employer shall provide no fewer than three hours of training to the manager or supervisory hotel staff member on: (a) the requirements of this chapter; (b) instruction on the proper functioning and maintenance of the hotel's personal security devices; and (c) the protocols for responding to an activated personal security device. Such training shall be conducted at least annually, and the hotel employer shall maintain accurate records demonstrating attendance at such trainings.

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.

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 Irvine 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 by the later of 30 days after the effective date of this chapter or within one month of the hotel worker's date of hire. For hotels having 60 or more guest rooms, hotel employer shall provide the training in English and each language known by the hotel employer to be spoken by ten percent or more of the hotel workers employed by the hotel employer. The hotel employer shall maintain accurate records demonstrating attendance at such trainings.

E. Records. A hotel employer shall retain records of incidents where the personal security devices were activated for a period of three years from the incident.

(Ord. No. 24-22, § 2, 1-28-25)

No person shall discharge, reduce in compensation, discriminate, or otherwise take an adverse employment action against a hotel worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce their rights under this chapter by any lawful means, or for otherwise exercising rights protected under this chapter. A hotel employer taking any adverse employment action against any hotel worker who is known to have engaged in any of the foregoing activities within one year preceding the adverse employment action shall provide to the hotel worker at or before the time of the adverse employment action a detailed written statement of the reason or reasons for the discharge or other adverse employment action, including all the facts claimed to substantiate the reason or reasons.

(Ord. No. 24-22, § 2, 1-28-25)

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.

(Ord. No. 24-22, § 2, 1-28-25)

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 $100.00 per aggrieved person per day, whichever is more, except that statutory damages for failure to maintain records shall not exceed $1,000.00 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 shall award the prevailing party reasonable attorneys' fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.

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 Municipal Code or State law.

F. No criminal penalties. Notwithstanding any provision of this Municipal Code or any other ordinance to the contrary, no criminal penalties shall attach for violation of this chapter.

G

Coexistence with other available relief for deprivation of protected rights. This chapter shall not be construed to limit an aggrieved person's right to bring legal action for violation of any other federal, state, or local law.

(Ord. No. 24-22, § 2, 1-28-25)