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D.C. - General

D.C. Circuit Upholds Presidential Power to Remove NLRB and MSPB Members Without Cause

Ogletree Deakins·

On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems Protections Board (MSPB) member Cathy Harris, finding that the president has the p

D.C. - General

D.C. Circuit Decision Holding That MSPB Members Are Subject to At-Will Removal May Impact OSHRC

Ogletree Deakins·

The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump , holding that members of the Merit Systems Protection Board (MSPB) and National Labor Relations Board (NLRB) are not insulated by statutory for-cause removal protec

D.C. - General

District of Columbia’s Pause on Tipped Wage Increase Signals Grim Future for Initiative 82

Ogletree Deakins·

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

D.C. - Wage & Hour

Updates to DC Tipped Wage Workers Amendment Act

Littler·

The District of Columbia’s Tipped Wage Workers Fairness Amendment Act (TWWFAA) continues to be a big talking point for the hospitality industry . Among other things, the TWWFAA requires D.C.

D.C. - General

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler·

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. - General

D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

Littler·

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

D.C. - General

D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions

Littler·

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

D.C. - General

What’s in a Job Advertisement—New D.C. Salary and Hourly Pay Disclosure Requirements

Ogletree Deakins·

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. - General

District of Columbia Joins Trend Toward Greater Pay Transparency

FordHarrison·

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 cong

D.C. - Wage & Hour

Pay Transparency Arrives at the Nation’s Capital

Littler·

The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings. In addition to pay scale disclosure, the District of Columbia Wage Transparency Omnibus Amendment Act of 2023 (the Act),1 which was signed by the mayor on Ja

D.C. - General

District of Columbia Council Puts Pay Transparency on Path to Application to Employers

Jackson Lewis P.C.·

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 rega

D.C. - General

District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13

Jackson Lewis P.C.·

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, prohibi

D.C. - General

Washington, DC Legislative Roundup

Littler·

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

D.C. - General

District of Columbia’s New Human Rights Enhancement Amendment Act Changes Definitions of ‘Harassment’ and ‘Employee’

Ogletree Deakins·

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 O

D.C. - General

District of Columbia Council Delays Effective Date of Act Eliminating Tip Credit to May 2023

Jackson Lewis P.C.·

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. - General

D.C. Circuit Issues Mixed Ruling Regarding Major Provisions of the NLRB’s 2019 Election Rule

Littler·

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 eligibi

D.C. - Wage & Hour

District of Columbia to Eliminate the Tip Credit: a Specter of the Future?

Ogletree Deakins·

In early November 2022, nearly 74 percent of D.C. voters approved Initiative 82, the “District of Columbia Tip Credit Elimination Act,” which will gradually eliminate use of the tip credit in the District of Columbia by 2027.

D.C. - General

Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements

FordHarrison·

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 proh

D.C. - Wage & Hour

D.C. Voters Pass Initiative 82, Phasing Out Tipped Minimum Wage by 2027

Littler·

On November 8, 2022, Washington D.C. voters overwhelmingly passed Initiative 82 or the “District of Columbia Tip Credit Elimination Act.” As a result, the tip credit for D.C. tipped wage workers will be gradually phased out by 2027, at which time employers must pay their tipped employees the applica