PROPOSED AMENDMENTS
TO THE HOTEL WORKER
PROTECTION ORDINANCE
SMMC CHAPTER 4.67
Item 10-A
September 10, 2024
Item 10-A
September 10, 2024
FAIR COMPENSATION FOR WORKLOAD
REQUIREMENT: SMMC 4.67.030
• Adopted to respond to concerns about unreasonable workloads negatively affecting housekeepers and public health
• Square footage threshold, if exceeded 2x pay for the entire day • Seven checkout rooms or rooms with extra bed = automatic trigger • Records requirement doesn’t specify each category needed to determine compliance • Due to capacity concerns, only explicitly authorized enforcement by lawsuit Item 10-A
September 10, 2024
Item 10-A
September 10, 2024
AUTHORIZING CIVIL CITATION ENFORCEMENT
• Collaboration with County Department of Consumer and Business Affairs (DCBA), like current enforcement of minimum wage and benefit laws
• For violation of workload, workload records, and compliance with investigation • Citation with the right to administrative appeal, hearing before local hearing examiner • Opportunity to engage in settlement negotiations after appeal Item 10-A
September 10, 2024
Item 10-A
September 10, 2024
• Fine amounts match those for minimum wage ($500 per violation) • 4.63.015 hotel worker minimum wage
• 4.62.015(g) record keeping
• Total daily statutory damages maximum stays $100 per employee, but max for recordkeeping increased to $3000
Item 10-A
September 10, 2024
Item 10-A
September 10, 2024
CLARIFICATION OF RECORDKEEPING
REQUIREMENT
• Investigation Challenges
• Increased from two to three years
• Must track total number of rooms, square footage, number of checkout rooms, number of rooms with extra beds (“additional bed rooms”)
• Maintain original records, e.g. workload assignment sheets • Keep daily summary records in legible format, like a spreadsheet • Must be able to determine compliance without reference to other records Item 10-A
September 10, 2024
Item 10-A
September 10, 2024