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.

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
 1   Amending Title 48 (Lodging and Housing) of the Pennsylvania
 2      Consolidated Statutes, in hotels, providing for protection of
 3      hotel employees; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Chapter 13 of Title 48 of the Pennsylvania
 7   Consolidated Statutes is amended by adding a subchapter to read:
 8                                SUBCHAPTER F
 9                        PROTECTION OF HOTEL EMPLOYEES
10   Sec.
11   1361.   Definitions.
12   1362.   Employee safety device for hotel employees.
13   1363.   Penalties.
14   1364.   Rules and regulations.
15   1365.   Applicability.
16   § 1361.   Definitions.
17      The following words and phrases when used in this subchapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Department."    The Department of Labor and Industry of the
 4   Commonwealth.
 5      "Employee safety device."    A two-way radio or other electric
 6   device that is kept on a hotel employee's person when the hotel
 7   employee is on duty in a guest room and that permits the need
 8   for on-scene assistance to be conveyed to a security officer,
 9   manager or supervisor or other appropriate hotel staff member.
10      "Hotel."     Any of the following with at least 100 guest rooms:
11          (1)    A hotel, motel, inn, guesthouse or other building
12      that holds itself out by any means, including advertising,
13      license, registration with any innkeeper's group, convention
14      listing association, travel publication or similar
15      association or with a government agency, as being available
16      to provide overnight lodging or use of facility space for
17      consideration to individuals seeking temporary accommodation.
18          (2)    A place that advertises to the public at large or
19      any segment of the public that it will provide beds, sanitary
20      facilities or other space for a temporary period to members
21      of the public at large.
22          (3)    A place recognized as a hostelry.
23      "Hotel employee."    An individual who works part time or full
24   time at a hotel for or under the direction of the hotel employer
25   or any subcontractor of the hotel employer for wages, salary or
26   remuneration of any type under contract or subcontract of
27   employment.
28      "Hotel employer."    A person, including a corporate officer or
29   executive, who directly or indirectly or through an agent or any
30   other person, including through the service of a temporary

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 1   agency, employs or exercises control over the wages, hours or
 2   working conditions of a person employed by a hotel.
 3   § 1362.    Employee safety device for hotel employees.
 4      (a)    Device.--A hotel employer shall provide an employee
 5   safety device to each hotel employee assigned to work in a guest
 6   room without any other hotel employees present. A hotel employer
 7   may provide an employee safety device to other employees at its
 8   discretion. The employee safety device shall be provided at no
 9   cost to the hotel employee. A hotel employee may:
10             (1)   Use the employee safety device if the hotel employee
11      believes that there is:
12                   (i)    an ongoing crime in the hotel employee's
13             presence;
14                   (ii)    an immediate threat of sexual assault, sexual
15             harassment, other act of violence or other inappropriate
16             conduct; or
17                   (iii)    any other emergency.
18             (2)   Cease work and leave the immediate area of the
19      perceived danger or inappropriate conduct to await the
20      arrival of assistance. No adverse action may be taken against
21      the hotel employee for such action.
22      (b)    Activation of employee safety device.--Upon a hotel
23   employee activating an employee safety device, an appropriate
24   representative of the hotel, manager, supervisor or security
25   officer shall respond promptly to the location of the hotel
26   employee. The hotel employer shall:
27             (1)   Immediately reassign the hotel employee who
28      activated the employee safety device in response to an
29      immediate threat under subsection (a)(1)(ii) or another crime
30      or emergency that represented a danger to the safety of the

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 1      hotel employee to a different work area away from the guest
 2      room of the guest who caused the threat or other crime or
 3      emergency for the duration of the guest's stay at the hotel,
 4      with no loss of hours or wages to the reassigned hotel
 5      employee.
 6            (2)   Notify all hotel employees who are assigned to work
 7      in a guest room without any other hotel employees present of
 8      the guest room in which the alleged incident occurred.
 9            (3)   Provide hotel employees, other than the hotel
10      employee who activated the employee safety device, with a
11      partner hotel employee, manager or security person when
12      servicing the guest room in which the alleged incident
13      occurred under subsection (a)(1) for the duration of the
14      guest's stay at the hotel.
15      (c)   Records.--A hotel employer may keep a record of a report
16   made by a hotel employee that a guest has allegedly committed
17   sexual assault, sexual harassment, another crime of violence or
18   other inappropriate conduct toward a hotel employee and may
19   maintain the name of the guest on a list following the incident.
20   A hotel employer that maintains the name of a guest on a list
21   following a report by a hotel employee under subsection (a)(1)
22   may notify all hotel employees who are assigned to housekeeping
23   or room service duties of the presence and location in the hotel
24   of a guest on the list.
25      (d)   Protection from retaliation.--A hotel employee who
26   reports an incident under this subchapter shall be protected
27   from retaliation by hotel employers and fellow hotel employees.
28      (e)   Education program.--The department shall develop a
29   program to be maintained by a hotel employer, which may include
30   written information, to educate hotel employees regarding:

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 1             (1)   the use of an employee safety device and a hotel
 2      employee's rights in the event that a hotel employee
 3      activates an employee safety device, and encouraging hotel
 4      employees to activate an employee safety device when
 5      appropriate;
 6             (2)   harassment and other inappropriate conduct by guests
 7      and fellow employees; and
 8             (3)   sexual harassment and assault prevention and active
 9      bystander intervention.
10      (f)    Notice to hotel employees.--A hotel employer shall
11   provide hotel employees with written notice and post in
12   prominent locations in the workplace a list of the protections
13   available to hotel employees under this subchapter with contact
14   information for the entities from whom the hotel employees may
15   seek assistance.
16   § 1363.    Penalties.
17      A hotel employer that does not provide an employee safety
18   device to each hotel employee as provided under this subchapter
19   shall be subject to an administrative penalty in an amount not
20   to exceed $5,000 for the first violation and $10,000 for each
21   subsequent violation, collectible by the department.
22   § 1364.    Rules and regulations.
23      The department shall adopt rules and regulations to
24   effectuate the purposes of this subchapter.
25   § 1365.    Applicability.
26      This subchapter shall not apply if the terms of a collective
27   bargaining agreement address the issuance of employee safety
28   devices to hotel employees or otherwise address safety and
29   reporting procedures for hotel employees working in guest rooms
30   without any other hotel employees present.

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1     Section 2.    This act shall take effect in nine months.




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