Oakland, California, Measure Z, Hotel Employee Minimum Wage Charter Amendment (November 2018)
| Measure Z: Oakland Hotel Employee Minimum Wage Charter Amendment |
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|
| The basics |
| Election date: |
| November 6, 2018 |
| Status: |
 Approved
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| Topic: |
| Local business regulation |
| Related articles |
| Local business regulation on the ballot November 6, 2018 ballot measures in California Alameda County, California ballot measures Local wages and pay on the ballot |
| See also |
| Oakland, California |
A minimum wage charter amendment was on the ballot for Oakland voters in Alameda County, California, on November 6, 2018. It was approved.
| A yes vote was a vote in favor of increasing the minimum wage for hotel employees from $13.23 to $15 with healthcare benefits or $20 without healthcare benefits, establishing workplace protections, and establishing additional enforcement procedures for employment standards applied to hotel and non-hotel employees. |
| A no vote was a vote against increasing the minimum wage for hotel employees from $13.23 to $15 with healthcare benefits or $20 without healthcare benefits, establishing workplace protections, and establishing additional enforcement procedures for employment standards applied to hotel and non-hotel employees. |
Election results
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Measure Z: Oakland Hotel Employee Minimum Wage Charter Amendment |
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| Result | Votes | Percentage | ||
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116,980 | 76.29% | ||
| No | 36,350 | 23.71% | ||
Text of measure
Ballot question
The ballot question was as follows:[1]
| “ |
Shall the measure amending Oakland's Municipal Code to: (1) establish workplace protections and minimum hourly wage of $15 with benefits or $20 without benefits, increasing annually with inflation, for employees of Oakland hotels with 50 or more guest rooms, (2) authorize administrative enforcement of Oakland's employment standards for hotel and non-hotel workers; and (3) create City department to administratively enforce Oakland's employment standards for hotel and non-hotel workers, be adopted? [2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Oakland City Attorney:
| “ |
This measure would establish a minimum hourly wage for Hotel Employees of $15.00 with healthcare benefits or $20.00 without healthcare benefits, effective July 1, 2019. Existing law requires a minimum hourly wage of $13.23, which increases yearly on January 1 with inflation, for employees who work at least two hours in a workweek in Oakland. The Hotel Employees minimum wage would adjust annually in the same manner. This measure would establish workplace protections for Hotel Employees, including employer-provided emergency contact devices, rights for employees who report violence or threatening behavior, restrictions on maximum floor space to be cleaned, limitations on mandatory overtime, and employee access to pay, workload, and overtime records. A “Hotel Employee” is any individual: (1) employed to provide services in an Oakland hotel with 50 or more guest rooms or suites of rooms, whether employed directly by the hotel or by the hotel’s contractor; and (2) who was hired to or did work an average 5 hours per week for 4 weeks. This measure would require clear and convincing evidence of just cause for an employer to discharge an employee within 120 days after the employee exercises a right under this measure. Employers could not reduce employees’ compensation or benefits to offset the cost of implementing the measure. This measure would modify employment standards enforcement provisions for hotel and non-hotel employees. Existing law allows the City to monitor compliance with local employment standards and investigate complaints. This measure would establish additional enforcement procedures, including authorizing the City to conduct due process hearings and order relief. The City could impose an administrative penalty of $50.00 per day per violation to be paid to each employee and compensation to the City for enforcement costs of up to $50.00 per day per employee. Existing law provides a private right of action for aggrieved persons, entitling them to all available remedies; it allows maximum civil penalties of $1,000 per violation. This measure would authorize the City Attorney to bring a civil action to address violations and allow a penalty payment to each employee of $50 per day per violation, up to a maximum of $1,000 per employee. The City or court would award interest on amounts due and unpaid. Effective July 1, 2020, this measure would create a Department of Workplace and Employment Standards (“Department”) to enforce employment standards for hotel and non-hotel employees. The Department would perform any other functions authorized by the City and could promulgate rules and regulations to implement the measure. This measure was placed on the ballot by a petition signed by the requisite number of voters. A majority vote (50% plus one) in favor of the measure is required for passage.[2] |
” |
| —Oakland City Attorney[3] | ||
Full text
The full text of the measure is available here.
Support
Supporters
The following individuals signed the official argument in favor of the measure:[3]
- Irma Perez, Oakland hotel housekeeper
- Blanca Smith, Oakland hotel housekeeper
- Melody Mio Yun Li-Huey, Oakland hotel housekeeper
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
| “ |
"I'm just one ofthe many women who work in Oakland's hotels. We live in fear and shame of hotel guests exposing themselves to us—or worse—when we enter to clean their room or bring their food. It's embarrassing and humiliating. These hotel guests take away our dignity and threaten our safety, but our managers just tell us to keep quiet; that the guest comes first. This should stop. Hotels should protect the women who work so hard to support our families. And the City of Oakland should protect all workers, and make sure our rights are enforced." Blanca Smith, Oakland hotel worker Should hotel housekeepers be provided security panic buttons we can use to call for help we are sexually assaulted or threatened by a hotel guest? If your answer is "Yes", please vote "Yes" on Measure Z. Should hotel housekeepers be protected from the terrible impacts of inhumane workloads? If your answer is "Yes", please vote "Yes" on Measure Z. Should hotel workers receive a living wage so we can keep our homes and take care of our families? If your answer is "Yes", please vote "Yes" on Measure Z. Should there be a Department Of Workplace and Employment Standards to enforce these policies, as well as Oakland's minimum wage, sick leave policy, and other Iqcal standards for workers in City? If your answer is "Yes", please vote "Yes" On Measure Z. We wish to thank the more than 26,000 Oakland voters who signed our petitions to put Measure Z on the ballot. As hotel housekeepers and immigrants and women of color, we are blessed to live in a community where people care about us. Please vote Yes on Measure Z.[2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Larry Reid, Oakland council member
- Zack Wasserman, Oakland citizen
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
This Measure is misleading and fails to protect the most vulnerable hotel workersmd provides a loop hole for the biggest unionized hotels. The Measure will not apply to hotels with less than 50 rooms. Many hotels that are in more dangerous neighborhoods have less than 50 rooms. So workers at some hotels along MacArthur Blvd will not have the protections of panic buttons, work rules or better wages. The Measure also exempts hotels that have bargaining agreements with a union if the hotel and the union agree. Workers at union hotels may be paid less than the minimum wage set forth by this measure and workers may not get the protection of the work rule limitations — which is the case with some workers today at Union hotels under the existing City wide minimum wage ordinance. The work rules that would apply are unreasonable and almost impossible to administer. The Measure also creates a new City Agency — the Department of Workplace and Employment Standards — that could cost an additional million dollars or more and duplicates federal, state and City agencies that already provide protections for workers. This unnecessary department would regulate AISL businesses in_Oakland at the expense of tax payers. Worker protections and fair wages are important. This measure achieves neither and at a great cost. We all want to protect workers but this overblown Measure filled with loopholes is the wrong way to do it. Vote No. [2] |
” |
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign led by Unite Here! Local 2850.[4]
See also
External links
Footnotes
- ↑ Alameda County, "Election Information," accessed September 5, 2018
- ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 3.3 3.4 Alameda County, "Measure Z Text," accessed September 6, 2018
- ↑ The Oakland Conduit, "Hotel Workers Lead the Fight to Protect all Oakland Workers," August 23, 2018
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