Section 32-581.04 - Relief and penalties(a)(1) The Mayor and Attorney General shall administer and enforce this title consistent with their respective powers and rights under section 6(a), (a-1), (b), and (c) of An Act.(2)(A) Any records an employer maintains pursuant to the requirements of regulations issued to implement this title shall be open and made available for inspection or transcription by the Mayor, the Mayor's authorized representative, or the Office of the Attorney General upon demand at any reasonable time. An employer shall furnish to the Mayor, the Mayor's authorized representative, or the Office of the Attorney General on demand a sworn statement of records and information on forms prescribed or approved by the Mayor or Attorney General.(B) No employer may be found to be in violation of subparagraph (A) of this paragraph unless the employer had an opportunity to challenge the Mayor or Attorney General's demand before a judge, including an administrative law judge.(b)(1) The Mayor may assess an administrative penalty of no less than $350 and no more than $1,000 for each violation of this title; except, that the penalty for each violation of section 102(b) and 103(b) assessed against an employer shall be for not less than $1,000.(2) The Mayor may not collect an administrative penalty under this subsection unless the Mayor has provided the employer alleged to have violated this title notification of the violation, notification of the amount of the administrative penalty to be imposed, and an opportunity to request a formal hearing held pursuant to the Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), and section 8 a(e) of An Act.(c)(1) A person aggrieved by a violation of this title may pursue relief by filing: (A) An administrative complaint with the Mayor setting forth facts minimally sufficient to allege a violation of this title; or(B) A civil action in a court of competent jurisdiction. In such action, the plaintiff shall carry the burden of proof by a preponderance of evidence.(2)(A)(i) The procedures set forth in section 8 a(c) through (m) of An Act shall govern the conciliation, resolution, and enforcement of an administrative complaint filed pursuant to paragraph (1)(A) of this subsection; except, that section 8 a(e)(4) and (5) of An Act, shall not apply.(ii) Appeals of any administrative order issued under this title shall be made to the District of Columbia Court of Appeals.(B) Section 8 of An Act shall apply to any civil action filed pursuant to paragraph (1)(B) of this subsection.(d) Upon investigation by the Mayor pursuant to subsection (a) of this section or in an action to enforce this title pursuant to subsection (c) of this section, in addition to administrative penalties authorized pursuant to this section, an employer found to have violated section 102, 103, or 103 a shall be liable for relief payable to an employee as follows: (1)(A) An employer that violates section 102(a)(1) shall be liable for each violation to each employee subjected to the violation for monetary relief in an amount not less than $500 and not greater than $1,000.(B) For any subsequent violation of section 102(a)(1), an employer that has been found liable pursuant to subparagraph (A) of this paragraph shall be liable for relief in an amount not less than $3,000 to each affected employee.(2)(A) An employer that attempts to enforce a non-compete provision that is unenforceable or void as provided in section 102(a)(2) and section 103(a) shall be liable to each employee against whom the employer attempted to enforce the invalid non-compete provision for relief in an amount not less than $1,500.(B) For any subsequent violation of section 102(a)(2) or section 103(a), an employer that has been found liable pursuant to subparagraph (A) of this paragraph shall be liable for relief in an amount not less than $3,000 to each affected employee.(3)(A) An employer that retaliates against an employee in violation of section 102(b) or section 103(b) shall be liable for each instance of retaliation to each employee subject to the retaliation in an amount not less than $1,000 and not more than $2,500.(B) For any subsequent violation of section 102(b) or 103(b), an employer that has been found liable pursuant to subparagraph (A) of this paragraph shall be liable for relief in an amount not less than $3,000 to each affected employee.(4) An employer that violates section 103 a shall be liable for each violation to each employee subjected to the violation for monetary relief in an amount of $250.Amended by D.C. Law 24-175,§ 2, 69 DCR 009910, eff. 9/21/2022.Added by D.C. Law 23-209,§ I-104, 68 DCR 003423, eff. 3/16/2021.