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.
Articles Discussing General Topics In D.C. Labor & Employment Law.
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.
D.C. Circuit Issues Mixed Ruling Regarding Major Provisions of the NLRB’s 2019 Election Rule
DC Circuit struck down the portions of the NLRB’s representation election rule addressing the timeline for submitting employee voter lists and for certifying election results, and election observer eligibility. Court upheld parts of the rule governing pre-election litigation of certain voter eligibility issues, and the timeframe for scheduling
Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements
D.C. Noncompete Ban, Years in the Making: On January 25, 2021, FordHarrison published a Legal Alert indicating that Washington, D.C. would soon implement a ban on noncompete agreements. As noted, the Ban on Non-Compete Agreements Amendment Act of 2020 was considered one of the most far-reaching prohibitions on noncompete agreements in the country. However, feedback from the business community prompted the D.C. Council to revisit the Act, delaying its implementation. Finally, the D.C. Non-Compete Clarification Amendment Act of 2022 (the “Amendment”) went into effect on October 1, 2022. This newly amended version, while less far-reaching, is still a significant ban on the use of noncompete agreements and includes important changes that every D.C. employer should know.
Are You Ready for District of Columbia’s Transportation Benefits Equity Law (Parking Cash Out Law)?
Beginning as early as January 15, 2023, certain employers will need to ensure they are complying with the District of Columbia’s Transportation Benefits Equity Amendment Act of 2020, also known as the “Parking Cash Out Law.”
What You Need to Know About Reporting and Training Requirements in the DC Tipped Wage Worker Fairness Amendment Act
In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (“the Act”). Among other things, the Act imposes obligations on employers that employ tipped employees, including significant training and reporting requirements.
District of Columbia Implementing Revisions to Broad Ban on Non-Competes
The District of Columbia prompted widespread outcry from the business community when it enacted one of the broadest bans on non-compete agreements in the country in early 2021. At least in part spurred by that outcry, this past summer the D.C.
DC Mayor Signs Amended Ban on Non-Compete Agreements
In response to widespread criticism of the Ban on Non-Compete Agreements Amendment Act of 2020, which sought to impose a near-total ban on non-competes, the Council of the District of Columbia has amended the law and postponed its enforcement date. The revised ban, named the Non-Compete Clarification Amendment Act
District of Columbia’s Tipped Wage Workers Fairness Amendment Act: Mandatory Training and Notice Requirements Take Effect
In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped employees, such as mandatory sexual harassment prevention training and notice requirements. Certain aspects of the TWWF
‘It’s Déjà Vu All Over Again’: the District of Columbia’s Ban on Non-Compete Agreements Takes Effect on October 1, 2022
After more than two years of delay and amendment, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020, which was introduced in the pre-pandemic days of 2020, will finally take legal effect on October 1, 2022. Efforts to amend the 2020 act culminated in the Non-Compete Clarification
D.C. Mayor’s Signature Puts Modified Non-Compete Ban on Track for October 1st Effective Date
The District of Columbia City Council has finalized amendments to implement the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 effective October 1, 2022, and Mayor Muriel Bowser has signed D.C. Bill 24-256.
D.C. City Council Blinks, Rolls Back Non-Compete Ban
Having initially enacted a total ban on non-compete agreements that went so far as to ban prohibitions against moonlighting with competitors, the District of Columbia City Council has significantly changed the law’s scope. Details of the amended D.C. “ban,” including how the act permits non-compete agreements for “highly compensated employees,”