On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background records, for employment purposes. In fact, the new District of Columbia law is one of the few in the United States that restricts the ability of private sector employers to screen applicants on the front end (i.e., before an interview or an offer). The law does this by prohibiting employers from both inquiring about criminal history information during the application process and obtaining a criminal background check until after a conditional offer of employment is made to the applicant.
Articles About D.C. Labor and Employment Law.
When Will D.C. Sick and Safe Leave Act Amendments Apply?
Recent updates to the official District of Columbia Code appear to relieve employers at this time from any obligation to comply with the District’s Sick and Safe Leave Act Amendments Act of 2013 — after many employers in the District of Columbia, particularly those in the hospitality industry, already have made changes to their paid leave policies to comply with the amendments, as a precaution against possible private civil litigation. The Act, which took effect on February 22, 2014, amended the D.C. Accrued Sick and Safe Leave Act of 2008 (“SSLA”) to expand the number of employees eligible for sick and safe leave and made other significant changes, described below.
District of Columbia Minimum Wage Increase in Effect; Maryland Soon to Follow
Today, July 1, 2014, the minimum wage in the District of Columbia undergoes its first increase in a three-tiered hike, increasing to $9.50 per hour for all District employees.
D.C. Council Seeks to Amend Wage Theft Prevention Act
Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties, create an onerous formal hearing process, impose liability on contractors for subcontractors’ actions, and give the District the ability to suspend business licenses.
District of Columbia Strengthens Employee Sick and Safe Leave Protections
A new District of Columbia law has expanded the protections afforded to workers by the D.C. Accrued Sick and Safe Leave Act of 2008.
District of Columbia Greatly Expands Paid Sick Leave Coverage, Enforcement, and Penalties with Amendments to the Accrued Sick and Safe Leave Act
The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the “Act”), has been signed by D.C. Mayor Vincent Gray and is projected to take effect at the end of February 2014 absent an unlikely veto or amendment by the U.S. Congress as permitted by the D.C. Home Rule Act. However, the Act will not apply fully until a fiscal impact statement is incorporated into the D.C. budget and published in the D.C. Register.
Washington D.C. Minimum Wage to Go Up
The District of Columbia’s minimum wage will increase to $11.50 per hour, from $8.25 per hour, by July 2016 under the D.C. Minimum Wage Amendment Act (“MWAA”), signed into law by District of Columbia Mayor Vincent Gray.
Washington D.C. Living Wage Increased to $13.40, Retroactive to January 2013
In the first change since 2010, the wage rate required by the Washington D.C. Living Wage Act has been increased to $13.40 per hour. The increase is retroactive to January 2013.
Mayor Vetoes D.C. Large Retailer Accountability Act of 2013
On September 12, 2013, District of Columbia Mayor Vincent Grey vetoed the “Large Retailer Accountability Act of 2013,” which was passed by the D.C. Council in an 8-5 vote on July 10, 2013.
District of Columbia First in Nation to Ban Discrimination Based on (Un)Employment Status
The District of Columbia City Council and Mayor Vincent Gray have enacted a first-of-its-kind law protecting jobless individuals from discrimination in the hiring process. The new law prohibits employers and employment agencies from discriminating against potential employees based on their status as unemployed, and it is the first in the United States to both prohibit employers from considering the employment status of potential employees and provide whistleblower protections for current employees who report employer violations. Although the law does not give aggrieved individuals a private right of action to enforce the law, civil penalties are available and may be assessed against noncompliant employers by the D.C. Office of Human Rights. The Unemployed Anti-Discrimination Act of 2012 (“the Act”) was signed by Mayor Vincent Gray on March 19, 2012, and has been in effect since May 31, 2012. Regulations implementing the Act are anticipated as well.
Discrimination against Unemployed Job Applicants is Prohibited by New District of Columbia Law
The first law in the nation to prohibit discrimination against job applicants who are unemployed has been enacted in the District of Columbia.
D.C. Issues Mandatory Poster under Accrued Sick and Safe Leave Act.
The District of Columbia Department of Employment Services (DOES) has issued its long-awaited poster under the D.C. Accrued Sick and Safe Leave Act (SSLA). The poster comes four months after the agency issued final rules under the D.C. paid leave law, which was passed in 2008.