Hotel Worker Protections Goes Into Effect Jan. 1 In Santa Monica

SANTA MONICA, CA — The U.S. District Court issued an order Wednesday allowing the workload provisions of the City of Santa Monica’s Hotel Worker Protection Ordinance to go into effect as planned on January 1, 2020, the City announced.

The City of Santa Monica said a hotel owner and management group filed a complaint against the provisions of the law, arguing the ordinance was unconstitutional and invalid. The provisions of the ordinance are meant to strengthen workplace safety and compensation protections for 2,100 hotel housekeepers within Santa Monica, the City of Santa Monica said. The law received unanimous City Council support when it passed in August.

"The court has validated Santa Monica’s compassionate concern for the safety of hotel workers, whose hard labor makes possible our successful hospitality sector," Mayor Kevin McKeown said.

Columbia Sussex Management and CW Hotel Limited Partnership filed the complaint, seeking a preliminary injunction to prevent the workload provisions of the ordinance from going into effect at the start of 2020, the City said.

Judge Otis Wright’s order denies the request for preliminary injunction and finds that plaintiffs have "not shown a likelihood of success on any of their claims made under the National Labor Relations Act, the dormant commerce clause, and the California Occupational Safety & Health Act," the press release said.

"We are pleased by the court’s order, which affirms that the City’s lawful enhancement of protections for hotel workers employed in our community," City Attorney Lane Dilg said.

According to the City of Santa Monica, the Hotel Worker Protection Ordinance:

• Provides safety protections to prevent against sexual violence or other threatening behavior for hotel housekeepers;
• Establishes daily workload maximums of 4,000 sq. ft. for hotels with less than 40 guest rooms, and 3,500 sq. ft. for hotels with greater than 40 guest rooms. It also requires hotels to pay a double overtime rate for all hours a housekeeper works that exceed these maximum workloads;
• Requires training on personal rights and safety, and education to protect public health and prevent instances of human trafficking, domestic violence, and sexual violence; and
• Calls for hotel worker retention for a 90-day transition period in instances of a change in hotel ownership.

The ordinance takes effect on a rolling basis. The worker retention provision became effective when the ordinance went into effect in October, the safety protections and workload/overtime provisions take effect on January 1, 2020, and training will be required by January 1, 2021.