*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

For the purposes of this chapter the term:

(1) "Active Covid-19 infection" means an infection confirmed by a diagnostic test for COVID-19 and not an antibody test.

(2) "Adverse employment action" means an action that an employer takes against an employee, including a threat, verbal warning, written warning, reduction of work hours, suspension, termination, discharge, demotion, harassment, material change in the terms or conditions of the employee's employment, or any other action that is reasonably likely to deter the employee from attempting to secure any right or protection contained in this chapter or to prevent or stop a violation of this chapter.

(3) "Attorney General" means the Attorney General for the District of Columbia, as established by § 1-204.35.

(4) "CDC" means the U.S. Centers for Disease Control.

(5) "COVID-19" means the disease caused by the novel coronavirus SARS-CoV-2.

(6) "COVID-19 symptoms" means symptoms identified by the CDC or DOH that may appear after exposure to COVID-19 and include fever, chills, cough, shortness of breath, difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion, runny nose, nausea, vomiting, conjunctivitis, a rash on skin or discoloration of fingers or toes, chest pain or pressure, loss of speech or movement, or diarrhea.

(7) "DOES" means the Department of Employment Services.

(8) "DOH" means the Department of Health.

(9) "Employee" includes any person suffered or permitted to work by an employer.

(10) "Employer" includes every individual, partnership, firm, general contractor, subcontractor, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, general contractor, subcontractor, association, or corporation, employing a person in the District of Columbia. The term "employer" includes the District government and its agencies and does not include the United States government or its agencies.

(12) "Mayor's Order" means an order related to the public health emergency issued by the Mayor pursuant to § 7-2304 or § 7-2304.01.

(13) "OSHA" means the U.S. Department of Labor Occupational Safety and Health Administration.

(14) "Personal protective equipment" means clothing or accessories worn as a barrier to protect against COVID-19, including face masks, disposable gloves, face shields, plexiglass barriers, or any other protective equipment required by federal or District law or regulations or Mayor's Order, required pursuant to a standard issued by OSHA, or recommended by the CDC or WHO, to make the transmission of COVID-19 between persons less likely.

(15) "PPE" means personal protective equipment.

(16) "Public health emergency" means the COVID-19 public health emergency declared on March 11, 2020, pursuant to Mayor's Order 2020-045, and all subsequent extensions.

(17) "WHO" means World Health Organization.

(18) "Workplace" means any physical structure or space, over which an employer maintains control, wherein an employee performs work for an employer. The term "workplace" does not include the home or other location where an employee teleworks that is not subject to the employer's control.

(19) "Workplace health and safety practices related to COVID-19" means a workplace health and safety practice related to an employer's compliance with federal or District law or regulations or Mayor's Orders, a standard issued by OSHA, or a recommendation by the CDC or WHO intended to make the transmission of COVID-19 between persons less likely.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a) During the public health emergency, employers in the District shall adopt and implement social distancing and workplace protection policies to prevent transmission of COVID-19 in the workplace in accordance with the requirements of all applicable Mayor's Orders.

(b)(1) An employer may establish a workplace policy to require an employee to report to the employer a positive test for an active COVID-19 infection.

(2) An employer may not disclose the name of an employee whom the employer learns has tested positive for COVID-19 except to DOH or another District, state, or federal agency responsible for and engaged in contact tracing or the containment of community spread of COVID-19, or as otherwise required by law.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a) No employer may take an adverse employment action against an employee because the employee:

(1) Complied or reasonably attempted to comply with the requirements of a Mayor's Order;

(2) Reasonably attempted to prevent or stop a violation of the requirements of a Mayor's Order;

(3) Submitted a complaint to the Mayor or the Attorney General pursuant to this chapter;

(4) Raised reasonable concerns about workplace health and safety practices related to COVID-19 to:

(A) The employer, the employer's agent, other employees, contractors, or agents of the employer;

(B) A government agency; or

(C) The public; or

(5) Attempted to secure any other right or protection contained in this chapter or to prevent or stop a violation of this chapter.

(b)(1) No employer may take an adverse employment action against an employee because the employee:

(A) Tested positive for COVID-19; provided, that the employee did not physically report to the workplace within 2 weeks after receiving a positive test result or during the timeframe recommended for quarantine by current DOH or CDC guidance;

(B) Had close contact with someone who has a confirmed case of COVID-19 or was exposed to someone experiencing COVID-19 symptoms;

(C) Needs to quarantine in accordance with CDC or DOH guidance;

(D) Is sick with COVID-19 symptoms and is waiting for a COVID-19 test result; or

(E) Is caring for someone who is sick with COVID-19 symptoms or who is quarantined in accordance with CDC or DOH guidance.

(2) Nothing in this section prohibits an employer from requiring an employee who has tested positive for COVID-19, who is experiencing COVID-19 symptoms, or who has recently been exposed to someone with COVID-19 to refrain from entering the workplace until the employee is no longer experiencing COVID-19 symptoms and the applicable period of quarantine recommended by the DOH, CDC, or WHO has elapsed, or until a medical professional has cleared the employee to return to the workplace.

(c) No employer may prohibit or cause another person to prohibit or discourage an employee from wearing or using PPE.

(d)(1) No employer may require an employee to sign a contract or other agreement that would limit or prevent the employee from disclosing information about the employer's workplace health or safety practices or hazards related to COVID-19 or to otherwise comply with any workplace policy that would limit or prevent such disclosure.

(2) A contract, other agreement, or policy prohibited pursuant to paragraph (1) of this subsection shall be void and unenforceable as contrary to the public health and to the public policy of the District.

(3) An employer's enforcement of a policy prohibited by paragraph (1) of this subsection or an employer's attempt to obtain an employee's consent to a contract or other agreement prohibited by paragraph (1) of this subsection, regardless of whether the attempt is successful, shall constitute an adverse employment action.

(e)(1) If an employer takes an adverse employment action against an employee within 30 days after the employee engages or attempts to engage in activity protected under subsection (a)(2), (3), (4), or (5) of this section or subsections (b), (c), or (d) of this section, the adverse employment action shall be presumed retaliatory and taken because of the employee's protected activity.

(2) An employer may rebut a presumption of retaliation by a preponderance of the evidence that the adverse employment action was taken for legitimate purposes and not because the employee engaged in or attempted to engage in protected activity.

(f) The protections of this section do not apply to an employee if the employee knowingly and falsely claims to:

(1) Have been exposed to COVID-19;

(2) Have COVID-19;

(3) Be providing caretaking services to someone required to self-quarantine; or

(4) Be required to self-quarantine.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a)(1) The Mayor may enforce and administer this chapter by conducting investigations (of the Mayor's own volition or after receiving a complaint), holding hearings, and assessing penalties. The Mayor shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses; compel the production of papers, books, accounts, records, payrolls, documents, and testimony; and to take depositions and affidavits in any proceedings before the Mayor.

(2) A person to whom a subpoena or notice of deposition has been issued pursuant to paragraph (1) of this subsection shall have the opportunity to move to quash or modify the subpoena, or to object to the notice of deposition, in the Superior Court of the District of Columbia. In case of the failure of a person to comply with any subpoena lawfully issued under this subsection, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or any judge thereof, upon application by the Mayor, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify therein.

(b)(1) The Mayor may receive complaints for violations of §§ 32-141.02 and 32-141.03 through the District's 311 telephone service or portal, and through the District's Coronavirus website at https://coronavirus.dc.gov. The Mayor may also receive complaints through other means.

(2) To file a complaint, a complainant shall provide the name and location of the business or entity alleged to have committed a violation of this chapter, provide a description of the nature of the violation, and indicate the date and time of the observed violation. Paragraph (3)(A) of this subsection shall not apply if a complainant does not provide the complainant's name or contact information with the complaint.

(3)(A) Within 2 business days after receipt of a complaint, the Mayor shall confirm receipt, in writing, to the complainant (either via email or by depositing a written notice of confirmation in the United States mail). Written confirmation may include a unique case number, the date and time of receipt of the complaint, and information on how to track the complaint process.

(B) The Mayor shall begin an investigation of the violations alleged in the complaint within 5 business days after receiving the complaint.

(4)(A) The Mayor shall complete all investigations of complaints received pursuant to this section within 60 days after receipt of the complaint and issue written findings within 90 days after receipt of the complaint related to whether:

(i) The violation complained of was substantiated;

(ii) If substantiated, it is the employer's first violation or the employer is a repeat violator; and

(iii) Fines or corrective action were imposed.

(B) If the complainant provided contact information, the Mayor shall send the findings to the complainant (by email or by depositing the findings in the United States mail). Written findings may be accompanied by statements regarding an employee's right to discuss and complain of workplace safety violations without retaliation pursuant to this chapter and an employee's right to relief through a private cause of action pursuant to § 32-141.06.

(c)(1) The Mayor may impose the following civil fines for a violation of § 32-141.02 or § 32-141.03:

(A) For violations of § 32-141.02, up to $1,000 per violation per employee per day for each violation.

(B) For violations of § 32-141.03, up to $2,000 per violation.

(2) Enforcement and adjudication of fines imposed pursuant to paragraph (1) of this subsection shall be pursuant to Chapter 18 of Title 2.

(3) The penalties in this section are not preclusive of any other applicable statutory penalties.

(d) Each month, the Mayor may post on the District's Coronavirus website a summary of the complaints received pursuant to this section. The summary may include:

(1) The total number of complaints received for the month;

(2) The total number of alleged violations delineated by:

(A) Type of alleged violation; and

(B) The industry (restaurant, higher education, childcare, religious organization, social services organization, retail, etc.) in which the alleged violation occurred;

(3) The status of the investigation into each complaint, whether resolved or unresolved; and

(4) The name of each business for which a violation was found and a statement of the penalty imposed.

(e) Nothing in this subsection shall be interpreted as obligating the Mayor to impose fines on the District or a District agency for a violation of this chapter.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a)(1) The Attorney General has the authority to enforce this chapter by conducting investigations (of the Attorney General's own volition or after receiving a complaint from the Mayor or another person or entity), receiving complaints, and instituting actions. The Attorney General shall have the power to administer oaths and examine witnesses under oath; issue subpoenas; compel the attendance of witnesses; compel the production of papers, books, accounts, records, payrolls, documents, and testimony; and to take depositions and affidavits in any investigation or proceeding conducted to enforce this chapter.

(2) A person to whom a subpoena or notice of deposition has been issued pursuant to paragraph (1) of this subsection shall have the opportunity to move to quash or modify the subpoena, or to object to the notice of deposition in the Superior Court of the District of Columbia. In case of the failure of a person to comply with any subpoena lawfully issued under this subsection, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or any judge thereof, upon application by the Attorney General, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify therein.

(b) The Attorney General, acting in the public interest, including the need to deter future violations, may enforce this chapter by commencing a civil action in the name of the District of Columbia in a court of competent jurisdiction on behalf of the District or on behalf of one or more aggrieved employees.

(c) Upon prevailing in an action initiated pursuant to this section, the Attorney General shall be entitled to:

(1) Reasonable attorneys' fees and costs, including fees and costs for any action brought by the Attorney General under subsection (a)(2) of this section;

(2) Statutory penalties in an amount not greater than the maximum civil fine provided under § 32-141.04(c);

(3) The payment of restitution for lost wages, for the benefit of aggrieved employees; and

(4) Equitable relief as may be appropriate.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a) An employee who has suffered an adverse employment action prohibited pursuant to § 32-141.03 may bring a civil action in the Superior Court of the District of Columbia within one year after the alleged violation and, upon prevailing, shall be entitled to the following relief:

(1) Reasonable attorneys' fees and costs;

(2) The payment of lost wages and benefits;

(3) Equitable relief as may be appropriate; and

(4) Punitive damages, if the employee's injuries were caused by the employer's wanton or reckless disregard for the safety of the affected employee.

(b) An employee need not exhaust administrative remedies before bringing suit pursuant to this section.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a) The Mayor may publish a notice that sets forth excerpts from or summaries of the pertinent provisions of this chapter and information about filing a complaint under § 32-141.04 or § 32-141.05 or a lawsuit under § 32-141.06. The Mayor may translate and publish the notice into other languages, including Amharic, Spanish, French, Korean, Mandarin, and Vietnamese.

(b) Upon publication by the Mayor, an employer shall post and maintain the notice published pursuant to subsection (a) of this section in a conspicuous location in the workplace. The employer shall post such notice in English and any other language spoken by at least 10% of employees.

(c) An employer shall not be required to post in accordance with subsection (b) of this section if the Mayor has posted the rights to which an individual is entitled under this chapter on the website created pursuant to § 32-161.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a) An employer must cooperate with contact tracers from the District of Columbia or other jurisdictions by promptly returning calls and messages, providing information about employees who shared shifts with infected employees or were in close proximity to infected employees, and by providing customer lists and contact information or contractor information as requested.

(b) An employer that agrees with DOH or another public health entity to notify particular employees, customers, or contractors that may have been exposed to a person infected with COVID-19 must undertake best efforts to make such notifications and must retain proof of such notification for one year from the date of such notification for inspection by DOH or other public health entity with which it entered into such an agreement.

*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

This chapter shall only apply to the conduct of employers and employees in the District to the extent it does not conflict with or is not preempted by a federal law or regulation or standard issued by OSHA.