Which Hotel Roles Can You Still Staff Through an Agency in NYC?
The Safe Hotels Act restricts agency staffing for a specific list of roles at hotels with 100 or more rooms. Everything outside that list is still open to outsourcing. This article lays out exactly which roles you can and cannot staff through an agency, regardless of your hotel's size.
Not legal advice This is general information, not legal advice. Confirm role classifications and your hotel's obligations with DCWP or your attorney. See NYC Safe Hotels Act Explained for the full law.
The Roles You Generally Cannot Outsource (100+ Rooms)
At hotels with 100 or more guest rooms, these “core employee” roles must generally be directly employed by the hotel owner, not supplied by a staffing agency, unless an exception applies:
Room attendants
House persons
Bell staff
Door staff
If your hotel is under 100 rooms, none of this restriction applies, and you can staff these roles however works best for your property.
The Roles You Can Still Staff Through an Agency, at Any Hotel Size
The Safe Hotels Act's core-employee definition is narrow. These roles are explicitly outside it, so they remain open to staffing agencies and contractors regardless of how many rooms your hotel has:
Food and beverage staff, including cooks, stewards, bartenders, servers, bussers, barbacks, and room service attendants — see our Food & Beverage staffing.
Laundry and valet employees.
Concierge, reservation agents, and telephone operators.
Engineering and maintenance employees.
Specialty cleaning roles, such as marble polishers, crystal lighting cleaners, aquarium cleaners, night cleaners, and exterior window washers — relevant to services like after-construction cleaning and DHS cleaning support.
Parking employees.
Security employees.
Lifeguards.
Spa, gym, and health club employees.
Minibar and audiovisual employees.
This is a wider list than many owners expect. A hotel that cannot outsource its room attendants can still fully outsource its kitchen, its banquet team, its post-renovation cleaning, and a range of specialty and support roles.
Quick Reference Table
Three Ways to Still Get Help With Core Roles
Stay under 100 rooms. The direct-employment rule simply does not apply below that threshold.
Use the single hotel operator exception. An owner may retain one operator who directly employs core staff and manages hotel operations involving them; the owner itself is not then required to be the direct employer.
Rely on a qualifying existing contract signed before May 3, 2025, for the remainder of its term, subject to the December 1, 2026 cutoff for open-ended agreements.
A Practical Example
A 220-room full-service hotel in Manhattan needs to directly employ its room attendants, housepersons, and door staff going forward, since it is well above the 100-room threshold and has no qualifying existing contract. But the same hotel can still use a staffing agency for its restaurant and banquet team, its engineering department, its after-construction cleaning when it renovates a floor, and its overnight security coverage. In other words, the law reshapes one part of the staffing model, not the whole thing.
What to Check Before You Sign or Renew a Staffing Contract
Confirm which specific roles the contract covers, and check each one against the core-employee list above.
If a contract covers both core and non-core roles, ask whether it needs to be split.
For any existing contract signed before May 3, 2025, confirm its end date and whether it is open-ended, since open-ended agreements must end by December 1, 2026.
Keep records of role classifications in case DCWP asks for documentation.
Staff the Roles That Are Still Open
Whatever size your hotel is, Labor Solution can support food and beverage and kitchen staffing, after-construction cleaning, and DHS cleaning support. If your hotel qualifies under the small-hotel exemption or the single-operator model, we also support housekeeping and doorman staffing.
Get a quote or contact us, or call (877) 261-7377.
Can I still use a staffing agency for my hotel's kitchen and banquet staff?
Yes. Food and beverage roles, including cooks, servers, bartenders, and banquet staff, are not core employees under the Safe Hotels Act and are not restricted by the direct-employment rule at any hotel size.
Are doormen considered core employees?
Yes. Door and bell staff are included in the Act's core employee definition, so at hotels with 100 or more rooms they are generally subject to the direct-employment requirement unless an exception applies.
Can I outsource after-construction or specialty cleaning at a large hotel?
Yes. Specialty cleaning roles are explicitly outside the core-employee definition, so hotels of any size can continue to use outside services for this work.
What if my hotel uses a management company?
A hotel owner may retain a single hotel operator to directly employ core staff and manage operations involving them. In that case, the owner is not separately required to be the direct employer, but confirm the details of this exception with your attorney.
Is engineering and maintenance staff restricted by this law?
No. Engineering and maintenance employees are excluded from the core employee definition and remain open to outside staffing arrangements.
