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I-124 Hlth&Sfty Prot Hotel Emp
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November 8, 2016 General Election

I-124 Health & Safety Standards to Protect Hotel Employees
Explanatory Statement

Initiative 124, if approved, would require employers of hotels or motels ("Hotels") containing at least 60 guest rooms to comply with new rules to protect employees and, additionally, would require employers of Hotels containing at least 100 guest rooms to limit workloads for housekeepers and improve access to healthcare for low-wage employees. I-124 would create a new, 7-part chapter in the Seattle Municipal Code.

Part 1 requires Hotel employers to maintain lists of guests accused of assaulting, sexually assaulting, or sexually harassing Hotel employees. Accused guests must remain on such lists for five years. Whenever a guest appearing on the list is staying at the Hotel, the employer must warn employees to exercise caution and must provide the guest's room number to employees working alone. If the accusation is supported by a sworn statement or other evidence, the employer must exclude the accused guest for three years.

Part 1 also requires Hotel employers to give panic buttons to employees working alone in guest rooms and to post signs notifying guests of protections for employees from assault and harassment. Hotel employees who allege that a guest assaulted or sexually harassed them must be reassigned to new floors or work areas upon request and are entitled to paid time off to contact the police and/or a counselor or advisor. The Hotel employer, with the consent of the complaining employee, must report accusations of criminal conduct by a guest to law enforcement.

Part 2 contains a general provision requiring Hotel employers to provide a safe workplace, as well as more specific provisions about exposure to hazardous chemicals in the workplace. For hotels with at least 100 guest rooms, Part 2 also limits the amount of floor space a Hotel housekeeper may clean in a workday without receiving overtime pay.

Part 3 requires employers of Hotels with at least 100 guest rooms to provide healthcare subsidies to employees earning 400% or less of the federal poverty line unless the employer provides health coverage equal to at least a gold-level policy on the Washington Health Care Benefit Exchange.

Part 4 concerns worker retention. When a Hotel undergoes a change in control, the incoming employer must retain a list of workers, based on seniority, who were employed by the previous owner. Upon transfer of ownership, the new employer must hire from the list for six months and must retain employees hired from the list for at least 90 days, absent good cause for a dismissal.

Part 5 prohibits retaliation against Hotel employees, establishes record-keeping requirements for Hotel employers, and gives the Office of Labor Standards (OLS) authority to investigate violations. It also allows injured parties to bring private enforcement actions to obtain damages and other relief and subjects Hotel employers to civil penalties. Penalties are distributed to OLS, affected employees, and the complainant.

Part 6 contains definitions.

Part 7 allows any part of I-124, except for the provisions in Part 1 protecting employees from assault and sexual harassment, to be waived through a collective bargaining agreement.