Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1358 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1546 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1358 
Session of 
2025 
INTRODUCED BY GREEN, HILL-EVANS, HARKINS, MADDEN, VENKAT, GIRAL, 
WAXMAN, MAYES, HOWARD, SANCHEZ, KENYATTA, CERRATO, NEILSON, 
MALAGARI, CIRESI, GILLEN, DEASY, PROBST, HOHENSTEIN, FIEDLER, 
BRENNAN AND RIVERA, APRIL 30, 2025 
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 30, 2025 
AN ACT
Amending Title 48 (Lodging and Housing) of the Pennsylvania 
Consolidated Statutes, in hotels, providing for protection of 
hotel employees; and imposing penalties.
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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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  the need 
for on-scene assistance to be conveyed to  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 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 
executive, who directly or indirectly or through an agent or any 
other person, including through the service of a temporary 
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30 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)  Device.--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. A hotel employee may:
(1)  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)  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 
representative  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 
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 
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30 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  work 
in a guest room without any other hotel employees present of 
the guest room in which the alleged incident occurred.
(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  in which the alleged incident  
occurred under subsection (a)(1)  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  allegedly 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.
(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 a hotel employer, which may include 
written information, to educate hotel employees regarding:
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30 (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 encouraging hotel 
employees to activate an employee safety device when 
appropriate;
(2)  harassment and other inappropriate conduct by  guests 
and  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  an administrative  penalty in an amount not  
to exceed $5,000 for the first violation and $10,000 for each 
subsequent violation,  collectible by the department. 
§ 1364.  Rules and regulations.
The department shall adopt rules and regulations to 
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.
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30 Section 2.  This act shall take effect in nine months.
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