What is the West Hollywood Hotel Worker Minimum Wage Law?
The West Hollywood Minimum Wage Ordinance establishes a minimum wage for Hotel Workers working at one or more hotels located within the West Hollywood geographic boundaries for an employer, wherever located.
Under the Ordinance, a Hotel Worker is an employee:
- whose primary place of employment is at one or more hotels located within the geographic boundaries of the City of West Hollywood.
- is employed directly by a hotel, or by a person who has contracted with a hotel to provide services at the hotel. This includes an employee who works in a restaurant or food and beverage service at a hotel regardless of whether the space is leased, sublet, or hotel-owned, and
- works at least two (2) hours per week within city limits and qualifies as an employee under the Labor Code.
The Hotel Workers minimum wage goes into effect beginning on January 1, 2022. Effective July 1, 2022, and annually thereafter, the City’s minimum wage for hotel workers will increase each July 1 by the annual Consumer Price Index. The Minimum Wage Law requires service charge proceeds to be equitably distributed amongst the employees generally contributing to the customers’ service (including back of house staff). Service charges or medical benefits cannot be used to offset the applicable minimum wage rate.
Compensated and Uncompensated Leave
Beginning January 1, 2022, full time Hotel Workers are to be provided at least 96 compensated hours for sick leave, vacation, or personal necessity, and 80 uncompensated hours per year for sick leave. Part-time Hotel Workers are to be provided compensated and uncompensated hours in increments proportional to that accrued by someone who works 40 hours in a week.
The Ordinance requirements for minimum wage and leave provisions can only be waived through bona fide collective bargaining agreement.
What does the West Hollywood Minimum Wage Poster Cover?
The Hotel Workers Minimum Wage Poster informs hotel workers of:
- the West Hollywood, CA Municipal Code Minimum Wage chapter number
- the posting requirement and penalty notice
- the current Hotel Workers minimum wage rate and effective dates
- the number of compensated and uncompensated leave hours that hotel workers are entitled to take
- the clean rooms workload (square footage) per 8-hour day, depending on the number of rooms
- hotel workers’ right to file a complaint with the City if they do not receive the minimum hourly wage, compensated or uncompensated leave, or experience retaliation
- the City’s minimum wage website, telephone and email address contact information
What are West Hollywood’s Posting & Recordkeeping Requirements?
- Employers are required to post in a conspicuous place at any workplace or job site where a covered employee works, the official Hotel Workers Minimum Wage notice published by the City each time the minimum wage rate increases, in English, Spanish and any other language spoken by at least five percent (5%) of the employees.
- West Hollywood hotel employers who provide their employees with California Mobile Poster Paks™ (MPPs) can add the West Hollywood Hotels Workers Minimum Wage notices to the state MPPs. Use the Format drop-down menu here to order the West Hollywood Mobile Poster Pak Add-on (#05823) for each California MPP.
- Employers must provide in writing the employer’s name, address, and telephone number to all new and current employees.
- Employers must retain payroll records for a period of three (3) years.