DC Wage Theft Prevention Act- The Washington, D.C. Council issued the Wage Theft Prevention Clarification Emergency Amendment of 2015 and the Wage Theft Prevention Clarification Emergency Declaration Resolution of 2015 to clarify and address several requirements of the D.C. Wage Theft Prevention Amendment Act of 2014 which went into effect on February 26, 2015.The Resolution explains that the Clarification Emergency Amendment is aimed to clarify the following requirements of the Wage Theft Prevention Amendment Act of 2014:
- Pay notices – to be issued in a language other than English if (a) the employer knows the employee has a primary language other than English, or the employee requests the notice in another language, and (b) the Mayor has prepared a template notice in that language.
- Pay records – keeping precise records of hours worked applies only to employees who are not exempt from D.C.’s overtime requirements.
- Pay frequency – employers may pay exempt employees once a month instead of twice a month. D.C. employers are also subject to the following provisions of the Wage Theft Prevention Amendment Act of 2014:
- Written Notice Requirements for Current Employees and New Hires – within 90 days of the Act’s enactment, employers must provide a notice to employees, in their primary language, containing the following information:
- Employer’s name and any “doing business as” names used by the employer;
- Physical address of the employer’s main office or principal place of business, o Employer’s mailing address, if different;
- Employer’s telephone number; o Employee’s rate of pay and the basis of that rate (i.e. hourly, shift, day, week, salary, piece, and/or commission);
- Any allowances claimed as part of the minimum wage (including tip, meal, or lodging allowances);
- Overtime rate of pay and exemptions from overtime pay;
- Living wage and exemptions from the living wage;
- The applicable prevailing wages; and
- Employee’s regular payday designated by the employer.
The notice must be signed and dated by the employer and the employee. An updated notice must be provided when changes to the original notice occur (i.e. raise or change of employer address). The mayor’s office has provided a sample template of the notice, which can be found on the D.C. Department of Employment Services’ website: http://does.dc.gov/service/wage-and-hour-compliance
- Recordkeeping and Posting Requirements – copies of the signed and dated notice by both the employer and employee must be retained for a minimum of three (3) years along with records of the actual days and time worked by non-exempt employees. Employers are also required to post a copy or summary of the Minimum Wage Act and the amendments in a form prescribed or approved by the Mayor.
- Retaliation – employers will be subjected to civil penalties and other compensation, back pay and job reinstatement should it retaliate against employees who report violations.
For more information about the additional changes to the Wage Theft Prevention Act of 2014, please visit: https://legiscan.com/DC/bill/B20-0671/2013. Find out more about C2’s Federal and State Government Regulation Services.