S.D. EXTENDS LAW COVERING LAID-OFF HOTEL WORKERS

Mandate requires they be rehired based on seniority

Laid-off hotel workers in San Diego got a boost Tuesday when the City Council extended for one year an ordinance that requires them to be rehired based on seniority.

The law, which had been scheduled to expire Monday, aims to prevent the hotel industry from using mass layoffs during the COVID-19 pandemic as an opportunity to replace higher-paid veteran workers with cheaper employees.

“Workers in the hotel and hospitality industry have been hit very hard by this pandemic, and they are primarily comprised of women, immigrants and people of color,”

Councilwoman Marni von Wilpert said. “This allows people to get back to the careers they’ve been working in for years.”

Leaders of the local lodging industry said the law is vague and complained that city officials never met with them to craft legislation that makes sense for workers and employers in San Diego’s hard-hit tourism industry.

The council voted 8-1 to approve the extension of the law, which doesn’t apply to hotels with fewer than 200 rooms. The council’s lone Republican, Chris Cate, cast the no vote, saying the law should have been more of a collaborative compromise with hotel

iers.

“None of us operate a hotel; none of us know this business inside and out,” Cate said.

Several council members urged city staff to work with industry leaders to address any confusion or concerns about the law, which has gotten strong support from labor unions.

Deputy City Attorney Tom Brady noted that the law doesn’t include any enforcement mechanisms or compliance guidelines. But he said city lawyers are willing to answer questions from affected employers.

Industry leaders unsuccessfully lobbied the council Tuesday to shrink the length of the extension from 12 months to 60 days.

Namara Mercer, executive director of the San Diego County Lodging Association, said hoteliers are frustrated the city is taking action that complicates the rehiring process.

“We expected the city would not do anything that would harm or restrict hotels from being about to reopen and hire back their employees in a nimble and efficient process,” she said.

Robert Gleason, chief executive of Evans Hotels, said it was frustrating city officials didn’t seek industry input.

“I would encourage you to extend the ordinance for a shorter period and engage the hospitality community to amend the many provisions in this ordinance that are vague, ambiguous and difficult to implement,” Gleason said.

Similar laws have been passed by many tourism-reliant California cities, including Carlsbad, Long Beach, Los Angeles and Oakland.

San Diego’s law also provides workers protections if the ownership or management of their hotel changes during the pandemic.

The local law also applies to owners and operators of commercial properties that employ at least 25 janitorial or security workers, and operators of stadiums, arenas and concert halls with at least 5,000 seats.

Affected employers must notify laid-off employees of open positions and offer the jobs to those who either had previously held a similar position or who could be trained quickly.

Preference must also be given to laid-off workers with the most seniority.

Initially approved in September as a six-month emergency ordinance, the council agreed to some compromises last fall before adopting it.

They agreed to raise the threshold for affected hotels from 100 rooms to 200 rooms and to shrink the time a laid-off employee has to accept a job offer from 10 days to three.

Several hotel workers spoke Tuesday in favor of the extension. They included 17-year hotel industry veteran Dave Daniel, who said the pandemic has forced him to cash out stocks and run up credit card debt.

“We deserve some kind of protection,” he said.

Councilman Sean Elo-Rivera said the extension gives hope to workers who have suffered because of the pandemic, not through any fault of their own.

“This ordinance is light at the end of the tunnel,” he said.