PRINTER'S NO. 2219
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1944
Session of
2021
INTRODUCED BY PISCIOTTANO, DELLOSO, D. WILLIAMS, McNEILL,
HOHENSTEIN, N. NELSON, KINSEY, SANCHEZ, BROOKS, DEASY,
SCHLOSSBERG, CIRESI, SNYDER, YOUNG AND T. DAVIS,
SEPTEMBER 30, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 30, 2021
AN ACT
Amending Title 48 (Lodging and Housing) of the Pennsylvania
Consolidated Statutes, in hotels, providing for protection of
hotel employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 13 of Title 48 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
PROTECTION OF HOTEL EMPLOYEES
Sec.
1361. Definitions.
1362. Employee safety device for hotel employees.
1363. Penalties.
1364. Rules and regulations.
1365. Applicability.
§ 1361. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee safety device." A two-way radio or other electric
device that is kept on a hotel employee's person when the hotel
employee is on duty in a guest room and that permits a hotel
employee to communicate with or otherwise effectively summon
immediate on-scene assistance from a security officer, manager
or supervisor or other appropriate hotel staff member.
"Hotel." Any of the following with at least 100 guest rooms:
(1) A hotel, motel, inn, guesthouse or other building
that holds itself out by any means, including advertising,
license, registration with any innkeeper's group, convention
listing association, travel publication or similar
association or with a government agency, as being available
to provide overnight lodging or use of facility space for
consideration to individuals seeking temporary accommodation.
(2) A place that advertises to the public at large or
any segment of the public that it will provide beds, sanitary
facilities or other space for a temporary period to members
of the public at large.
(3) A place recognized as a hostelry.
"Hotel employee." An individual who works part time or full
time performing housekeeping duties or room service duties at a
hotel for or under the direction of the hotel employer or any
subcontractor of the hotel employer for wages, salary or
remuneration of any type under contract or subcontract of
employment.
"Hotel employer." A person, including a corporate officer or
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executive, who directly or indirectly or through an agent or any
other person, including through the service of a temporary
agency, employs or exercises control over the wages, hours or
working conditions of a person employed by a hotel.
§ 1362. Employee safety device for hotel employees.
(a) General rule.--A hotel employer shall provide an
employee safety device to each hotel employee assigned to work
in a guest room without any other hotel employees present. A
hotel employer may provide an employee safety device to other
employees at its discretion. The employee safety device shall be
provided at no cost to the hotel employee. The following shall
apply:
(1) A hotel employee may use the employee safety device
if the hotel employee believes that there is:
(i) an ongoing crime in the hotel employee's
presence;
(ii) an immediate threat of sexual assault, sexual
harassment, other act of violence or other inappropriate
conduct; or
(iii) any other emergency.
(2) The hotel employee may cease work and leave the
immediate area of the perceived danger or inappropriate
conduct to await the arrival of assistance. No adverse action
may be taken against the hotel employee for such action.
(b) Activation of employee safety device.--Upon a hotel
employee activating an employee safety device, an appropriate
staff member of the hotel, manager, supervisor or security
officer shall respond promptly to the location of the hotel
employee. The hotel employer shall:
(1) Immediately reassign the hotel employee who
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activated the employee safety device in response to an
immediate threat under subsection (a)(1)(ii) or another crime
or emergency that represented a danger to the safety of the
hotel employee to a different work area away from the guest
room of the guest who caused the threat or other crime or
emergency for the duration of the guest's stay at the hotel,
with no loss of hours or wages to the reassigned hotel
employee.
(2) Notify all hotel employees who are assigned to
housekeeping or room service duties of the guest room in
which the reported incident occurred and of the presence and
location of the reported guest.
(3) Provide hotel employees, other than the hotel
employee who activated the employee safety device, with a
partner hotel employee, manager or security person when
servicing the guest room of the guest who caused an immediate
threat under subsection (a)(1)(ii) or other crime or
emergency that represented a danger to the safety of the
hotel employee for the duration of the guest's stay at the
hotel.
(c) Records.--A hotel employer may keep a record of a report
made by a hotel employee that a guest has committed sexual
assault, sexual harassment, another crime of violence or other
inappropriate conduct toward a hotel employee and may maintain
the name of the guest on a list following the incident. A hotel
employer that maintains the name of a guest on a list following
a report by a hotel employee under subsection (a)(1) may notify
all hotel employees who are assigned to housekeeping or room
service duties of the presence and location in the hotel of a
guest on the list.
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(d) Protection from retaliation.--A hotel employee who
reports an incident under this subchapter shall be protected
from retaliation by hotel employers and fellow hotel employees.
(e) Education program.--The department shall develop a
program to be maintained by the hotel employer, which may
include written information, to educate hotel employees
regarding:
(1) the use of an employee safety device and a hotel
employee's rights in the event that a hotel employee
activates an employee safety device, and encourage hotel
employees to activate an employee safety device when
appropriate;
(2) harassment and other inappropriate conduct by fellow
employees; and
(3) sexual harassment and assault prevention and active
bystander intervention.
(f) Notice to hotel employees.--A hotel employer shall
provide hotel employees with written notice and post in
prominent locations in the workplace a list of the protections
available to hotel employees under this subchapter with contact
information for the entities from whom the hotel employees may
seek assistance.
§ 1363. Penalties.
A hotel employer that does not provide an employee safety
device to each hotel employee as provided under this subchapter
shall be subject to a civil penalty in an amount not to exceed
$5,000 for the first violation and $10,000 for each subsequent
violation, collectable by the department.
§ 1364. Rules and regulations.
The department shall adopt rules and regulations to
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effectuate the purposes of this subchapter.
§ 1365. Applicability.
This subchapter shall not apply if the terms of a collective
bargaining agreement address the issuance of employee safety
devices to hotel employees or otherwise address safety and
reporting procedures for hotel employees working in guest rooms
without any other hotel employees present.
Section 2. This act shall take effect in 60 days.
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