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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 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 20250HB1358PN1546 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB1358PN1546 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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: 20250HB1358PN1546 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB1358PN1546 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 2. This act shall take effect in nine months. 20250HB1358PN1546 - 6 - 1