On Tuesday, June 19, 2018, residents of the District Columbia voted to approve Initiative 77, which will incrementally phase out the “tip credit” that many employers use as an offset towards their minimum wage obligations to employees who also earn tips in connection with their work. Presently, the minimum wage in the District of Columbia is $12.50 per hour.1 However, establishments like restaurants, where tipping is common, only have to pay tipped employees $3.33 per hour2—provided that the employees’ direct wages and total tips add up to $12.50 an hour by the end of the week. If the food service worker does not earn enough in tips to reach the $12.50 per hour threshold, then the restaurant owner has to make up the difference. Initiative 77 ends this practice.
Articles About D.C. Labor and Employment Law.
District of Columbia Enacts the Universal Paid Leave Act
In late 2016, after more than a year of debate, the District of Columbia Council voted to create one of the most generous paid leave laws in the country. After making it through the congressional review period, the Universal Paid Leave Act of 2015 (“the Act”) became effective on April 7, 2017. The Act provides covered employees with 8 weeks of paid parental leave, 6 weeks of paid family leave, and 2 weeks of paid personal medical leave. The paid leave will be funded by a 0.62% increase in DC employer payroll taxes.
District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions
On February 15, 2017, District of Columbia Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant’s or employee’s credit information for employment purposes. D.C. joins the growing list of jurisdictions that have enacted similar laws: California, Chicago, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, New York City, Oregon, Philadelphia, Vermont, and Washington.1
DC Mayor Declines to Veto DC’s Paid Family Leave Bill
Back in December 2016, we wrote an article discussing the passage of the District of Columbia Universal Paid Leave Amendment Act of 2016 (“the Act”) by a 9 to 4 DC City Council vote on December 20th. We explained that the next step was for the Act to be presented to Mayor Muriel Bowser. At that time, Mayor Bowser had expressed concerns about the Act and stated that she would not sign it.
D.C. Council Passes Ban on Credit History Screens on Job Applicants, Interns, Employees
The Washington D.C. Council unanimously passed the “Fair Credit in Employment Amendment Act” (Bill 21-244) to amend the Human Rights Act of 1977 and prevent employers from taking discriminatory action against applicants, interns and employees based on the individual’s “credit information.”
District of Columbia Passes Expansive Paid Leave Law
After more than a year of debate, on December 20, 2016, the District of Columbia Council voted to create one of the most generous paid leave laws in the country. DC now joins California, New Jersey, New York and Rhode Island in advancing laws to provide paid medical, parental and family care leave to employees working in those jurisdictions. The Universal Paid Leave Act of 2015 (Bill B21-0415) (“the Act”), in its final form, provides covered employees with 8 weeks of paid parental leave, 6 weeks of paid family leave, and 2 weeks of paid personal medical leave. The paid leave will be funded by a 0.62% increase in DC employer payroll taxes.
Paid Family Leave Law Approved by D.C. Council in Veto-Proof Vote
The Washington, D.C., Council has approved a measure that requires employers to provide paid family leave to employees working in the District of Columbia. The veto-proof 9-to-4 vote moves the significant increase in mandatory paid time off closer to becoming law in the District of Columbia.
The District of Columbia Council Paves the Way to Increasing the Hourly Minimum Wage to $15 by 2020
On Tuesday, June 7, 2016, the District of Columbia Council voted unanimously to raise the District’s minimum wage for both tipped and non-tipped employees.
District of Columbia Employers Must Provide Transportation Benefit Programs by the New Year
Employers with employees located in the District of Columbia must provide a transportation benefit program to employees by January 1, 2016. This mandatory commuter benefit is among many environmental and sustainability initiatives required by the Sustainable DC Omnibus Amendment Act of 2014 (the “Act”)1 that the Mayor signed on July 29, 2014. Employers must act quickly to ensure they have a program in place by the deadline.
DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation
On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave Act of 2015 (Bill B21-0415) (“the Act”) would provide covered workers with up to 16 weeks of annual paid family and medical leave. Additionally, the Act would amend the existing DC Family and Medical Leave Act of 1990 (“DC FMLA”) to shorten the waiting period for new employees to qualify for DC FMLA benefits.
D.C. Council Considering 16-Week Employee Paid Leave Bill
The Council of the District of Columbia is considering legislation that would give all D.C. residents and those employed in the District up to 16 weeks of paid family and medical leave every 24 months for certain qualifying life events, including bonding with a new child, recuperating from a military deployment, and caring for an ill family member. If passed, the bill would offer D.C. residents and workers the most generous paid leave in the country.
Two District of Columbia Agencies Will Enforce New Protections for Pregnant Workers
The District of Columbia Office of Human Rights (OHR) and the District of Columbia Department of Employment Services (DOES) announced on June 1, 2015, a joint effort to investigate and enforce the Protecting Pregnant Workers Fairness Act of 2014 (“PPWFA” or “Act”). An individual may now file a PPWFA complaint with either OHR or DOES.
D.C. Wage Theft Amendment Act Pay Notice Templates Contain Discrepancies
Employers in the District of Columbia subject to the Wage Amendment Act must post the Notice of the Act conspicuously in the workplace, as well as provide pay notice information to new hires and current employees.
District of Columbia Increases Inspections Following Wage Theft Law Implementation
Following the February 26, 2015 implementation of the District of Columbia’s Wage Theft Prevention Amendment Act (the “Act”), the Department of Employment Services (“DOES”) launched an “outreach” program entitled the “Zip Code Project.” Through the Zip Code Project, DOES is sending teams of investigators door-to-door to conduct citywide inspections of businesses under the auspice of educating employers on the Act and all other applicable laws overseen by the Labor Standards Bureau, such as laws concerning living wage, paid time off, occupational safety and health, and workers’ compensation.
District of Columbia Ban-the-Box Law Traps Employers
Employers are seeing charges mount against them under the District of Columbia’s recent “Ban the Box” law, the Fair Criminal Record Screening Amendment Act of 2014, which became effective December 17, 2014.