29:4-11 Provision of panic device; employer responsibilities.

3. a. A hotel employer shall provide a panic device to each hotel employee assigned to work in a guest room without any other employees present, at no cost to the employee. An employee may use the panic device if the employee reasonably believes there is an ongoing crime, or immediate threat of assault or harassment, or other emergency in the employee's presence. The hotel employee may cease work and leave the immediate area of perceived danger or inappropriate conduct to await the arrival of assistance, and no adverse action may be taken against the hotel employee for such action.

This subsection shall not apply if the terms of a collective bargaining agreement address the issuance of panic devices to hotel employees or otherwise address safety and reporting procedures for hotel employees working in guest rooms without any other employees present.

b. Upon a hotel employee activating a panic device, an appropriate staff member of the hotel, manager or supervisor, or security officer shall respond promptly to the location of the hotel employee.

c. A hotel employer shall:

(1) Keep a record of the accusations it receives that a guest has committed an act of violence, including sexual assault, sexual harassment, or other inappropriate conduct towards a hotel employee and shall maintain the name of the guest so accused on the list for a period of five years from the date of the incident.

(2) Report any incident involving alleged criminal conduct by a guest or other person to the appropriate law enforcement agency so that the law enforcement agency may make a determination as to whether to pursue criminal charges and cooperate with any investigation undertaken by the law enforcement agency.

(3) Notify hotel employees who are assigned to housekeeping or room service duties of the room in which an alleged incident occurred of the presence and location of any guest named on the list in accordance with paragraph (1) of this subsection, and provide hotel employees, other than the hotel employee who activated the panic device, the option of either servicing the guest room of a guest on the list with a partner hotel employee or opting out of servicing the room for the duration of the guest's stay at the hotel. The hotel employee who activated the panic device shall immediately be reassigned to a different work area away from the guest room of the guest for the duration of the guest's stay at the hotel.

d. If an accused guest is convicted of a crime in connection with an incident brought to the attention of the hotel employer by the pressing of a panic device or otherwise reported by a hotel employee, the hotel may decline to provide occupancy to the guest.

e. The hotel employer shall develop and maintain a program, which may include written information, to educate hotel employees regarding the use of panic devices and their rights in the event the hotel employees activate their devices, and to encourage hotel employees to activate panic devices when appropriate.

f. The hotel employer shall advise guests of the panic devices it provides to hotel employees either by:

(1) requiring guests to acknowledge the policy as part of the hotel terms and conditions upon checking in to the hotel; or

(2) placing signs on the interior side of guest room doors in a prominent location and in large font, detailing the panic device policy and the rights of hotel employees.

L.2019, c.123, s.3.