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- The Santa Monica, California, Living Wage, Paid Sick Leave and Service Charge Law (SMMC Ch. 4.63) requires employers who employ hotel workers at a hotel located within the City of Santa Monica to pay their workers at least the effective living wage rate.
- The law requires Santa Monica hotel employers to provide hotel workers with paid sick leave benefits. Hotel workers accrue one (1) hour of paid sick leave for every 30 hours worked. The amount of paid sick leave that hotel workers may use each year depends on the number of employees that work for the employer. Leave may be used consistent with State law.
- The law requires hotel employers who collect service charges to distribute to the hotel workers who performed the services the entire amount collected. Service charges include amounts collected for banquet or hotel-catered meetings, hotel room food and beverage delivery, and hotel porterage. It does not include tips.
- The law prohibits retaliation against employees for exercising rights protected under the Living Wage, Paid Sick Leave and Service Charge Law. Hotel employers may not reduce wages or benefits to pay or fund wages or benefits required by the law.
- Hotel employees have the right to file civil claims against their employers for violations of the law.
- Hotel employers violating the law can be subject to administrative or criminal penalties.
Notice & Recordkeeping
- Employers must disclose in writing their service charge distribution policies and report to employees each pay period the service charge amounts collected and distributed.
- Hotel employers must inform hotel workers of their possible right to the Federal earned income credit.
- Hotel employers are required to post a notice of the current Living Wage, Paid Sick Leave and Service Charge Law in English, Spanish, and any language spoken by 5% or more of the employees.
- Hotel employers are required to retain records showing compliance with the Living Wage, Paid Sick Leave and Service Charge Law for a period of three (3) years.