§ 5.93.050. Preservation of records.

A.

Each hotel employer shall preserve for at least three (3) years:

1.

For each room cleaner, a record of his or her name, pay rates received, and the rooms (or at the hotel employer's option, total amount of square footage) each cleaned each workday;

2.

A record of the written consents it received from hotel employees to work more than ten (10) hours during a shift; and

3.

For each hotel employee, a record of his or her name, hours worked, pay rate, and proof of health benefits consistent with Section 5.93.040(B) (if applicable).

B.

The hotel employer shall make such records available to hotel employees or their representatives for inspection and copying, except that hotel employees' names (and any addresses and social security numbers) shall be redacted unless the requester is a hotel employee requesting his or her own records. Where a hotel employer does not maintain or retain adequate records consistent with this Section, or does not permit reasonable access to such records, it shall be presumed, in any administrative or judicial proceeding enforcing this Chapter, that:

1.

The hotel employer required the room cleaner to clean total square footage in excess of four thousand (4,000) square feet on the day for which records are missing or inadequate, absent clear and convincing evidence otherwise;

2.

No written consent to work more than ten (10) hours during a shift exists for a hotel employee for days on which written consents are missing or inadequate, absent clear and convincing evidence otherwise; and

3.

The hotel employer paid the hotel employee no more than the applicable federal or state minimum wage, absent clear and convincing evidence otherwise.

(Res. No. 87287, § 1, 7-24-2018)