Pennsylvania HB 1358: An Act amending Title 48 (Lodging and Housing) of the Pennsylvania Consolidated Statutes, in hotels, providing for protection of hotel employees; and imposing penalties.

Bill Text

PRIOR PRINTER'S NO. 1546 PRINTER'S NO. 2067
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, RIVERA, DELLOSO, WEBSTER, KHAN AND T. DAVIS,
APRIL 30, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 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.
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The following words and phrases when used in this subchapter
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
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other person, including through the service of a temporary
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
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or emergency that represented a danger to the safety of the
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 devi