In November 2022, voters in Washington, D.C., approved Initiative 82, the “District of Columbia Tip Credit Elimination Act of 2022,” which set forth a gradual elimination of the use of the tip credit in the District by 2027. In doing so, the District’s minimum cash wage (i.e., the subminimum wage
Articles Discussing General Topics In D.C. Labor & Employment Law.
Compliance With District of Columbia’s Comprehensive Pay Transparency Law Begins June 30, 2024
The District of Columbia successfully amended its wage transparency laws, bringing employers a June 30, 2024, compliance date for the new pay and benefit transparency obligations. The District of Columbia passed the Wage Transparency Omnibus Amendment Act of 2023, changing its 2014 wage transparency laws to provide applicants and employees
D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”
On March 26, 2024, the D.C. Circuit rebuked the National Labor Relations Board for an opinion the court described as “nonsense” – saying it shows “just how far [the Board has] strayed from its statutory mandate.” This decision and others recently issued in the D.C. Circuit may encourage employers to
D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns
On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based rehabilitation facility acted lawfully when it distributed flyers to employees and observed their reactions. The
New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024
Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay.
On Jan. 12, 2024, the mayor of D.C. signed the Wage Transparency Omnibus Amendment Act, which, among other things, requires private
D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions
On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat’l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer
What’s in a Job Advertisement—New D.C. Salary and Hourly Pay Disclosure Requirements
Earlier this year, District of Columbia Mayor Muriel Bowser signed into law legislation that will require D.C. employers to affirmatively state the pay range for available positions in job advertisements.
D.C. Employers Must Comply With Paid Family Leave Notice Requirement By February 1
The D.C. Department of Employment Services (DOES) has issued a new Paid Family Leave notice/poster. This notice must be posted in a “conspicuous place”, such as where the employer posts employment-related information, and must be provided to employees, on or before February 1, 2024.
The new notice, effective October, 2023,
District of Columbia Joins Trend Toward Greater Pay Transparency
Executive Summary: On January 12, 2024, the District of Columbia amended the Pay Transparency Act of 2014, joining a growing list of states, counties, and localities to implement more a more expansive pay transparency law. The D.C. Act 25-367 will be effective on June 30, 2024, pending a 30-day congressional review period. The law does not apply to employees of the federal and D.C. governments.
District of Columbia Council Puts Pay Transparency on Path to Application to Employers
Seeking to join the growing list of jurisdictions with pay transparency obligations for employers, on December 19, 2023, the District of Columbia Council passed the Wage Transparency Omnibus Amendment Act of 2023. The bill would expand the District’s efforts to address concerns and perceptions regarding income disparities.
District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13
The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibiting both possession and use of marijuana.
Washington, DC Legislative Roundup
The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers to keep an eye on as we move into the next quarter of 2023.
DC Tipped Wage Workers Amendment
First D.C. Tip Credit Elimination Act Measures Soon to Become Effective
Beginning May 1, 2023, the hourly minimum wage for tipped employees in the District of Columbia will increase from $5.35 to $6.00. This increase is the first step in the eventual elimination of the tip credit altogether in the District.
The next phase will occur on July 1, 2023, when
District of Columbia’s New Human Rights Enhancement Amendment Act Changes Definitions of ‘Harassment’ and ‘Employee’
The District of Columbia recently amended the D.C. Human Rights Act (DCHRA) by adding a new protective status, broadening who is covered under the act. The District also modified the DCRHA to redefine how plaintiffs may prove harassment claims within the District. The new law, which took effect on October
District of Columbia Council Delays Effective Date of Act Eliminating Tip Credit to May 2023
The District of Columbia Council has postponed the first effective date of voter Initiative 82, the “Tip Credit Elimination Act,” from January 1, 2023, to May 1, 2023.