CHLA Lodging News May/June 2019

www.calodging.com May/June 2019 3   continued CHLA believes that this arrangement will provide members with the option of a less- expensive and coordinated legal strategy to defend themselves against these claims. We are confident this approach will help to deter so-called high-volume litigants from using legitimate laws as a source of income. Separately, in response to two measures passed by voters on November 6, 2018, CHLA filed lawsuits against the City of Long Beach and the City of Oakland. In Long Beach, CHLA is seeking a permanent injunction of Measure WW because it violates the authority of the California Occupational Safety and Health Administration (Cal/OSHA) to adopt workplace safety standards. Measure WW imposes excessive work rules on hotels with 50 or more rooms unless they have a collective bargaining agreement with a union. Similarly, in Oakland, CHLA is seeking a permanent injunction of Measure Z because it usurps federal regulation of employee benefit plans and violates Cal/ OSHA’s authority. Measure Z has many of the same components as Measure WW, with the addition of minimum wage requirements—$15 an hour for employees with healthcare benefits and $20 an hour for employees without healthcare benefits. The complaint, filed in federal court, outlines Measure Z’s clear conflict with the authority of the federal Employee Retirement Income Security Act (ERISA). While both measures involve safety and training requirements that the industry fully supports and has willingly implemented, the work rules imposing a limit of 4,000 square feet per day per housekeeper are nearly impossible to implement and manage. Furthermore, if a housekeeper exceeds this square footage cleaning limitation, the hotel is required to pay the housekeeper double time for an entire eight-hour shift. And these are just some of the mandated work rules. These measures are unnecessary and burdensome for employers, as most hotels already practice safety protocols outlined in the ordinances and the added work rules will only serve to limit the overtime opportunities available to employees. Long Beach and Oakland hotels have outstanding safety records, the result of significant investment and training to protect employees and guests. Many hotels already provide personal safety devices to their employees and every hotel in California trains their housekeepers annually and reviews their safety procedures every time there is any safety incident. In relation to all our advocacy efforts, we have a busy year ahead of us as we continue to fight for the rights and interests of California’s lodging industry. We’re proud to work for you and represent a collective voice at the capitol and beyond. 