NEW YORK (October 9, 2024) – Littler attorney Michael Paglialonga testified before the New York City Council’s Committee on Consumer and Worker Protection today on behalf of Littler’s Workplace Policy Institute® (WPI®), the firm’s government relations and public policy arm. The hearing concerned the Safe Hotels Act, which would require New York City hotels to obtain operating licenses with associated staffing mandates, including prohibitions on the use of subcontractors for core functions, requirements for minimum staffing for a range of hotel functions, and treating hotel owners and operators as joint employers.
Paglialonga, who previously served as First Deputy Counsel and Acting General Counsel in the Counsel’s Office at the New York State Department of Labor, argued that neither the city nor the hotel industry would benefit from such legislation, as it would lead to years of litigation and operational uncertainty due to issues within the bill’s provisions. He explained to the Council that the purported “licensing requirements” cross into areas of labor and employment law that are preempted by state and federal laws, which would lead New York City taxpayers to have to cover the expense of defending the legislation against the inevitable lawsuits challenging these flawed requirements.
Paglialonga detailed the issues that could arise from exempting hotels with collective bargaining agreements from portions of the licensing requirements and mandating the direct employment of certain classes of employees. He noted that the bill would also treat certain types of employees differently without a legitimate rationale and restrict hotels from contracting out elements of their operations.
Because of this, Paglialonga explained that the bill is preempted by the National Labor Relations Act, the Occupational Safety and Health Act, and the New York State Right to Know Law. He said it would also violate the Contracts Clause of the U.S. Constitution and the Equal Protection Clause of both the New York and U.S. Constitutions.
Paglialonga’s full testimony can be accessed in the above PDF.
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About Littler WPI
WPI advocates for employers on a global scale. Working closely with businesses and trade associations, WPI serves as a strong voice for employers and their workplaces to navigate real-time changes in employment and labor law, while influencing the legislation of tomorrow. By harnessing Littler’s global depth of knowledge and expansive resources for tracking emerging issues that affect the workplace, WPI brings employers’ interests to the forefront of today’s rapidly evolving regulatory landscape.
