D.C. Code § 32-161

Current through codified legislation effective September 18, 2024

Section 32-161 - District of Columbia labor law universal notice requirements

(a)

(1) Within 120 days after [insert applicability date], the Mayor shall create and maintain an Internet website that states the rights and benefits to which an individual is entitled under the following District of Columbia labor and anti-discrimination laws:

(A) Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.01et seq.);

(B) Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01et seq.);

(C) District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-501et seq.);

(D) Parental Leave Act of 1994, effective August 17, 1994 (D.C. Law 10-146; D.C. Official Code § 32-521.01et seq.);

(E) Accrued Sick and Safe Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.01et seq.);

(F) [Repealed by 2020 Amendment.]

(G) Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001et seq.);

(H) Building Service Employees Minimum Work Week Act of 2016, effective October 8, 2016 (D.C. Law 21-157; D.C. Official Code § 32-1051.01et seq.);

(I) Protecting Pregnant Workers Fairness Act of 2014, effective March 3, 2015 (D.C. Law 20-168; D.C. Official Code § 32-1231.01et seq.);

(J) An Act To provide for the payment and collection of wages in the District of Columbia, approved August 3, 1956 (70 Stat. 976; D.C. Official Code § 32-1301et seq.); and

(K) District of Columbia Workers' Compensation Act of 1979, effective July 1, 1980 (D.C. Law 3-77; D.C. Official Code § 32-1501et seq.).

(2) The Internet website also shall:

(A) Contain information on how to utilize the reporting system established pursuant to section 4(b).

(B) Contain other information on how an individual may submit a labor-related or anti-discrimination complaint to the Mayor; and

(C) List resources, including contact information for legal services or community-based organizations as approved by the Mayor, that an individual may consult if the individual believes his or her rights under one or more of the labor and anti-discrimination laws listed in paragraph (1) of this subsection have been violated.

(3) The Internet website shall be:

(A) Capable of being accessed and viewed via computers including mobile devices such as smartphones;

(B) User-friendly; and

(C) Printer-friendly.

(b)

(1) Within 120 days after [insert applicability date], the Mayor shall provide to all private employers a clear and concise poster, or make available an electronic version of the poster that can be printed and copied, that states:

(A) The address of the Internet website established pursuant to subsection (a) of this section and a telephone number or numbers for the offices within the Department of Employment Services and the Office of the Attorney General where an employee may file a complaint or obtain additional information about the employee's rights under the laws referenced in subsection (a)(1) of this section;

(B) The following text formatted in a large font and for maximum readability, including the use of bullet points to call out each specified right on a separate line:

EMPLOYEE RIGHTS IN THE DISTRICT OF COLUMBIA: Do you know your rights as an employee working in Washington, D.C.? Employees have the right:

* To be paid at least the minimum wage;

* To be paid on time;

* To receive a detailed pay stub;

* To accrue and use paid sick and safe leave;

* To request time off to attend a child's school-related activities;

* To qualify for unpaid family and medical leave;

* To be compensated for work-related illness or injury;

* To remain free from discrimination;

* To be accommodated in the workplace during pregnancy;

* To remain free from employer retaliation for discussing or exercising any of these rights; and

* To file a complaint for violation of workplace rights with the Department of Employment Services (DOES) or the Office of Human Rights (OHR),

To learn about these and other workplace rights, visit the website below. This notice does not create, expand, or limit rights under District or federal law.

(C) [Repealed by 2020 Amendment.]

(C-1)The amount of sick and safe leave that a worker may accrue annually;

(D) Current hourly minimum wage; and

(E) Current hourly tipped minimum wage.

(2) Below the text required pursuant to paragraph (1)(B) of this subsection, the poster also shall contain an electronic or digital link (such as a QR code) that provides access to the Internet website maintained pursuant to subsection (a) of this section. The electronic or digital link shall:

(A) State "Scan here for more information regarding your employment and labor rights";

(B) Not collect, analyze, or sell any personally identifiable information; and

(C) Be of sufficient size to be scanned or read easily and effectively by a digital device.

(3) An employer shall post the poster in a conspicuous place accessible to all employees in or about the premises of the employer. If there are one or more breakrooms or time clocks on the premises, an employer shall post the poster at each such location.

(4) If any of the laws listed in subsection (a)(1) of this section is amended and the amendment results in information on the poster changing, the Mayor shall provide to all private employers an updated poster or make available an electronic version of the updated poster that can be printed and copied.

(c)

(1) In addition to meeting the requirements set forth in subsection (b) of this section, an employer shall print copies of the information posted on the Internet website maintained pursuant to subsection (a) of this section and compile it into a single source, such as a binder. A copy of the compiled information shall be placed at every location that a poster, as required by subsection (b) of this section, is posted.

(2) An employer shall be responsible for ensuring at least monthly that the information required to be printed and made available pursuant to paragraph (1) of this subsection is up to date and identical to the information provided on the Internet website maintained pursuant to subsection (a) of this section.

(d) An employer that complies with its obligations as set forth in subsections (b) and (c) of this section shall not be not be required to comply with the posting requirements set forth in the following laws:

(1) Section 106 of the Living Wage Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.06 );

(2) Section 251 of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1402.51 );

(3) Section 12 of the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-511 );

(4) Section 7 of the Parental Leave Act of 1994, effective August 17, 1994 (D.C. Law 10-146; D.C. Official Code § 32-521.06 );

(5) Section 10 of the Accrued Sick and Safe Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.09 );

(6) [Repealed by 2020 Amendment.]

(7) Section 10 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1009 );

(8) Section 5 of the Building Service Employees Minimum Work Week Act of 2016, effective October 8, 2016 (D.C. Law 21-157; D.C. Official Code § 32-1051.04 ).

(9) Section 5 of the Protecting Pregnant Workers Fairness Act of 2014, effective March 3, 2015 (D.C. Law 20-168; D.C. Official Code § 32-1231.04 ); and

(10) Section 37 of the District of Columbia Workers' Compensation Act of 1979, effective July 1, 1980 (D.C. Law 3-77; D.C. Official Code § 32-1536 ).

(e) Subsection (d) of this section shall not be construed to mean that the requirements of this section are optional.

(f) The Internet website required to be maintained pursuant to subsection (a) of this section, the poster required to be provided and posted pursuant to subsection (b) of this section, and the printed information required to be made available pursuant to subsection (c) of this section shall comply with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931et seq.).

(g) The Mayor shall assess a $100 fine for each day that an employer fails to meet the requirements of this section.

D.C. Code § 32-161

Amended by D.C. Law 24-6,§ IV-401, 68 DCR 003198, eff. 5/13/2021, exp. 12/24/2021.

Amended by D.C. Law 23-149,§ II-N-2132, 67 DCR 10493, eff. 12/3/2020.

Added by D.C. Law 22-196,§ 3, 65 DCR 12049, eff. 12/13/2018.

This section is set out more than once. See also 32-161, effective until 12/24/2021.