CITY OF LOS ANGELES
RULES AND REGULATIONS IMPLEMENTING
THE HOTEL WORKER PROTECTION ORDINANCE
PUBLISHED AUGUST 12, 2022
Department of Public Works
Bureau of Contract Administration
Office of Wage Standards
1149 S. Broadway, Suite 300
Los Angeles, CA 90015
Phone: (844) 924-3752
Fax: (213) 847-2777
Email: wagesla@lacity.org
http://wagesla.lacity.org/
RULES AND REGULATIONS IMPLEMENTING
THE HOTEL WORKER PROTECTION ORDINANCE
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SCOPE OF OWS AUTHORITY 2
DEFINITIONS 3
REGULATION #1: DETERMINING WHO IS A HOTEL EMPLOYER 5
REGULATION #2: DETERMINING WHO IS A HOTEL WORKER 6
REGULATION #3: HOTEL EMPLOYER REQUIREMENTS 7
REGULATION #4: SECURITY PROTECTION FOR HOTEL WORKERS 9
REGULATION #5: RIGHTS RELATED TO THE PERSONAL SAFETY DEVICE 11
REGULATION #6: MEASURES OF FAIR COMPENSATION 12
REGULATION #7: EXEMPTIONS AND WAIVER 13
REGULATION #8: ENFORCEMENT 14
REGULATION #9: RETALIATION 15
Note: These Rules and Regulations are posted for consideration by employers and employees to
understand their responsibilities and rights. We anticipate that these Rules and Regulations will
be updated and encourage those implementing the Hotel Worker Protection Ordinance to check
https://wagesla.lacity.org
regularly for the latest guidance available from the Office of Wage
Standards. These Rules and Regulations are still under discussion and will be finalized and
published as soon as possible. A court enforcing this Ordinance may disagree with this guidance
and therefore employers should rely upon the advice of their legal counsel.
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SCOPE OF OWS AUTHORITY
The Department of Public Works, Bureau of Contract Administration, Office of Wage Standards
(“OWS”) promulgates these Rules and Regulations pursuant to Section 182 to Article 2 of Chapter
XVIII of the Los Angeles Municipal Code (“LAMC”) effective August 12, 2022. The OWS may also
amend or revise these Rules and Regulations from time to time, consistent with applicable law.
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DEFINITIONS
The following definitions shall apply to these Rules and Regulations:
“Additional Bed Room” means a Guest Room with an additional bed or beds other than those
regularly within the Guest Room, such as a cot or rollaway bed.
“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.
“Checkout Room” means a Guest Room to be cleaned by a Hotel Worker due to the departure
of the Guest assigned to that room.
“City” means the City of Los Angeles.
“Division” means the Office of Wage Standards of the Bureau of Contract Administration within
the Department of Public Works.
“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 Building” means a structure used as a Hotel that contains one or more ground-floor public
or Guest entrances.
“HWPO” means the Hotel Worker Protection Ordinance.
“OWS” means the Department of Public Works, Bureau of Contract Administration, Office of
Wage Standards.
“Room Attendant” means a Hotel Worker whose principal duties are to clean and put in order
Guest Rooms in a Hotel.
“Room Cleaning” means the performance of services or tasks that are required to maintain the
cleanliness of a physical hotel room before, during, or after a Guest’s stay. Room Cleaning does
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not include time spent maintaining or organizing inventory (e.g., mini-bar, toiletries, towels, linens)
or time spent delivering such inventory to a Guest Room when not accompanied by other Room
Cleaning tasks. Room Cleaning does not include turndown service or tasks associated with
preparing already-made beds for sleep when not accompanied by other Room Cleaning tasks.
Room Cleaning does not include preventative or as needed maintenance activities such as repair,
replacement, and general maintenance of appliances, electronics, furniture, doors, windows,
carpets, walls, plumbing, and other fixtures.
“Special-Attention Room” means a Checkout Room or a Guest Room for which the occupant
declined daily Room Cleaning on the immediately preceding day.
“Workday” means any consecutive 24-hour period commencing at the same time each calendar
day.
Additional definitions can be found in Section 182.01 to Article 2 of Chapter XVIII of the LAMC.
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REGULATION #1: DETERMINING WHO IS A HOTEL EMPLOYER
Hotel Employer includes 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.
Covered Hotels include any establishment that provides temporary lodging for payment in the
form of overnight accommodations in Guest Rooms to transient patrons for periods of thirty (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.
1. 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 thirty (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.
2. 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
Municipal Code Section 12.22. A 32.
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REGULATION #2: DETERMINING WHO IS A HOTEL WORKER
Hotel Worker includes any person who is employed by a Hotel Employer to provide services at
a Hotel.
Managerial, supervisory, and confidential employees are not covered by the Ordinance.
Managerial and supervisory employees include employees who have the authority to hire,
transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other
subordinate employees, or the responsibility to direct them, adjust their grievances, or effectively
to recommend such action, if, in connection with the foregoing, the exercise of such authority is
not merely of a routine or clerical nature, but requires the use of independent judgment.
Confidential employee includes any employee whose duties involve access to confidential
information usually in regard to the employer's labor relations.
Also see REGULATION #7: EXEMPTIONS AND WAIVER.
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REGULATION #3: HOTEL EMPLOYER REQUIREMENTS
Daily Room Sanitizing and Cleaning
A Hotel shall not implement any program or policy where a Guest Room is not sanitized and
cleaned after each and every night that they are occupied. This includes but is not limited to a
program in which Guests may receive a financial incentive to opt-out of daily Room Cleaning
services.
Example 1: A Hotel provides a discount or food and service vouchers in exchange for Guests to
forgo having their room cleaned. This Hotel would be in violation of the HWPO.
Section 182.03(D) does not prevent a Hotel from continuing, modifying or establishing a
sustainable environmental “green program,” where Guests are encouraged to re-use linens, bath
towels or similar items. A Hotel Employer is not required to clean a Guest Room if a Guest has
opted-out of Room Cleaning without any solicitation by the Hotel or when the Guest informs the
Hotel that they do not wish to be disturbed. A Guest may, on their own initiative and volition,
choose to display a “Do Not Disturb” sign or request that the Hotel refrain from cleaning their
Guest Room for a certain day or during the duration of their stay.
Preservations of records
A Hotel Employer shall maintain records and any other documentation for a period of at least
three (3) years. However, an aggrieved person claiming a violation of the Ordinance may enforce
it through private right of action so it may be in the Hotel Employer’s best interest to maintain
records for longer than three (3) years.
Records to be maintained for each Room Attendant include:
1. Room Attendant’s name
2. Rate of pay
3. Pay received
4. Identification of rooms cleaned
5. Actual square footage of each room cleaned
6. Number of Special-Attention Rooms, number of additional Hotel Buildings, number of
Additional Bed Rooms, and total square footage cleaned for each Workday
7. Overtime hours worked for each Workday
8. Any written consent provided pursuant to Regulation #6
9. Records of completion of training
Notice Requirement
At their time of hire or within thirty (30) days from August 12, 2022, Hotel Workers must be
provided written notice of their rights under the Hotel Worker Protection Ordinance, which shall
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be in the languages known by the Hotel Employer to be spoken by at least ten (10) percent of
the Hotel Workers employed by the Hotel. The OWS will provide sample Notices in English,
Spanish, and as many languages as possible on www.wagesla.lacity.org
.
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REGULATION #4: SECURITY PROTECTION FOR HOTEL WORKERS
“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.
“Personal Security Device” means a portable electronic 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.
1. A Hotel Employer shall provide a Personal Security Device (maintained in good working
order by the Hotel Employer) at no cost to the Hotel Worker that is assigned to work in a
Guest Room or restroom facility where other Hotel Workers are not assigned to be
present.
2. A Hotel Worker may activate their Personal Security Device whenever they reasonably
believe that a Violent or Threatening Conduct or an Emergency is occurring in the Hotel
Worker’s presence. Immediately before or after activating the Device, the Hotel Worker
may cease work and leave the immediate area of danger to wait for assistance. A Hotel
Worker shall not be subject to Adverse Employment Action should they unintentionally
activate their Personal Security Device in a context where no Emergency nor Violent or
Threatening Conduct is present.
3. (a) A Hotel Employer with sixty (60) or more Guest Rooms shall have a designated and
assigned security guard who can receive the alerts from the Personal Security Devices
and can provide immediate on-scene assistance if a Personal Security Device is
activated.
(b) Hotels with less than sixty (60) Guest Rooms may use the Hotel supervisor or
manager if there is no assigned security guard. If the Hotel Employer designates a Hotel
manager or supervisory staff member to fulfill the requirements of 182.02 (A)(3), then the
Hotel Employer shall provide the following to the designee:
i. At least three (3) hours of training on the requirements of the HWPO
ii. Instruction on the proper functions and maintenance of the Hotel’s
Personal Security Devices
iii. The protocols for responding to an activated Personal Security Device.
Training shall be conducted annually and the Hotel Employer shall maintain records for
at least three (3) years to show attendance of the training.
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(c) A Hotel Employer shall post on the back of the entrance door to each Guest Room
and restroom facility in a Hotel a notice that Hotel Workers are protected from Violent or
Threatening Conduct and are entitled to Personal Security Devices provided by the
Hotel. A Hotel Employer may use the Notice published by the OWS on
www.wagesla.lacity.org.
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REGULATION #5: RIGHTS RELATED TO THE PERSONAL SAFETY DEVICE
A Hotel Worker’s Rights include:
1. Sufficient paid time off 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. A
counselor or advisor should be licensed, certified or trained to work with individuals that
have experienced trauma, threatening or violent behavior.
Sufficient paid time off depends on the situation and severity of the crime.
2. The Hotel Employer shall not prevent or attempt to prevent a Hotel Worker from
reporting Violent or Threatening Conduct to a law enforcement agency.
3. The Hotel Employer shall not take or threaten 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, reasonable accommodations shall be provided when a
Hotel Worker has been subjected to Violent or Threatening Conduct.
Reasonable accommodations may include but are not limited to the following:
a. Modified work schedule
b. Reassignment to a vacant position
c. Reasonable adjustment to job structure, workplace facility, or work
requirements
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REGULATION #6: MEASURES OF FAIR COMPENSATION
Workload Limitations
The following workload limitations apply to each eight-hour Workday, and to any combination of
spaces, regardless of furniture, equipment or amenities in such rooms assigned to the Room
Attendant.
A Room Attendant’s rate of pay for each hour worked during the Workday should be
equal to or more than twice their regular rate of pay should they be required, or volunteer
to clean more than:
a. 4,000 square feet of floor space in Hotels with 45-59 Guest Rooms
b. 3,500 square feet of floor space in Hotels with 60 or more Guest Rooms
A Room Attendant’s workload shall be reduced by 500 square feet for each:
a. Special-Attention Room or Additional Bed Room over five
b. Hotel Building assigned in addition to the first
c. Additional floor in a Hotel Building in which they must clean more than two floors
The maximum floor space set forth above shall be:
1. reduced on a prorated basis if a Room Attendant works less or is assigned to perform
Room Cleaning for less than eight (8) hours in a Workday;
2. increased on a prorated basis for each hour of overtime that a Room Attendant works in
excess of eight (8) hours in a Workday;
3. calculated on a prorated basis by Room Attendant if a Room Attendant is assigned to
clean rooms jointly with one or more other Room Attendants.
An employee whose principal duties do not include the cleaning of Guest Rooms in the Hotel
would not be covered by the workload limitations outlined above. For example, a non-Room
Attendant such as a banquet employee, whose principal duty is to perform services during
events held at the Hotel, would not be covered by these workload limitations.
The Hotel Employer shall state the actual square footage of each room in any written
assignment it provides to room attendants.
Voluntary Overtime
A Hotel Employer shall not require or permit a Hotel Worker to work more than ten (10) hours in
a Workday unless the Hotel Worker consents in writing to do so. A Hotel Worker’s consent shall
only be valid if the Hotel Employer has notified the Hotel Worker in writing prior to the consent
that they may decline to work more than 10 (ten) hours in a Workday and that the Hotel
Employer will not subject the Hotel Worker to any adverse employment action for declining. A
Hotel Worker maintains the right to revoke a written consent to work overtime for any particular
Workday.
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REGULATION #7: EXEMPTIONS AND WAIVER
A. Collective Bargaining Agreement (CBA).
The provisions of section 182.03, or any part thereof, may be waived pursuant to a bona fide
collective bargaining agreement, but only if the waiver is expressly set forth in clear and
unambiguous written terms. Neither party to a collective bargaining relationship may waive or
supersede any provision of this article by means of unilaterally imposed terms and conditions of
employment.
B. One-Year Waiver
A Hotel Employer may apply for a one-year waiver based on financial hardship. The Hotel
Employer must submit a waiver application with supporting evidence of the financial condition
and demonstrate that compliance would result in the following:
● A reduction in the Hotel workforce by more than 20%; or
● A reduction in their Hotel Workers’ total hours by more than 30%.
A Hotel Employer must provide written notice of its application for the one-year waiver to its
Hotel Workers prior to submitting the application.
The Hotel Employer must provide written notice of the determination to its Hotel Workers within
three (3) days of receiving the waiver determination from OWS.
A one-year waiver granted by the OWS pursuant to the Hotel Worker Protection Ordinance
does not exempt an Employer from complying with any and all federal, state, or local laws and
regulations.
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REGULATION #8: ENFORCEMENT
A Hotel Worker claiming a violation of the HWPO may bring a private right of action in Superior
Court of the State of California against the Hotel Employer.
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REGULATION #9: RETALIATION
No employer shall discharge, reduce in compensation, or otherwise discriminate against any
worker for opposing any practice proscribed by the Ordinance, for participating in proceedings
related to the Ordinance, for seeking to exercise his or her rights under the Ordinance by any
lawful means, or for otherwise asserting rights under this article.
Retaliation may also include, but is not limited to, a reduction in hours, demotion, reassignment
to a less desirable assignment or location or schedule, or the denial or reduction of other benefits.
