§ 32–161. District of Columbia labor law universal notice requirements.
*NOTE: This section includes amendments by emergency legislation that will expire on May 27, 2021. To view the text of this section after the expiration of the emergency legislation, click this link: Permanent Version.*
(a)(1) Within 120 days after October 1, 2020, 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:
(L) The Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021, passed on first reading on February 2nd, 2021 (Engrossed version of Bill 24-59).
(2) The Internet website also shall:
(A) Contain information on how to utilize the reporting system established pursuant to § 32-162(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
(b)(1) Within 120 days after October 1, 2020, 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-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) § 2-220.06;
(2) § 2-1402.51;
(3) § 32-511;
(4) § 32-521.06;
(5) § 32-531.09;
(6) § 32-541.06(i);
(7) § 32-1009;
(8) § 32-1051.04.
(9) § 32-1231.04; and
(10) § 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 [subchapter II of Chapter 19 of Title 2].
(g) The Mayor shall assess a $100 fine for each day that an employer fails to meet the requirements of this section.
(Dec. 13, 2018, D.C. Law 22-196, § 3, 65 DCR 12049; Sept. 11, 2019, D.C. Law 23-16, § 2102(a), 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149, § 2132(a), 67 DCR 10493; Feb. 26, 2021, D.C. Act 24-26, § 401, 68 DCR 002616.)
Section 7065 of D.C. Law 23-149 amended section 8 of D.C. Law 22-196 removing the applicability provision impacting this section. Therefore, the creation of this section by section 3 of Law 22-196 has been implemented.
Applicability of D.C. Law 22-196: § 8 of D.C. Law 22-196 provided that the creation of this section by § 3 of D.C. Law 22-196 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
§ 32–162. Public awareness campaign and violation tip line.
(a)(1) No later than 180 days after October 1, 2020, the Mayor shall launch a public-education campaign to raise awareness and educate the public about the rights of tipped workers pursuant to subchapter I of Chapter 10 of this title, Chapter 13 of this title, and subchapter III of Chapter 5 of this title.
(6) All materials prepared and distributed in accordance with this subsection must contain a telephone number and internet website address for the Department of Employment Services and the Office of the Attorney General where an employee can obtain additional information about the employee's workplace rights or file a complaint.
(2) The campaign shall include the preparation of written materials, available in concise physical format, that state in plain language the rights of tipped workers under the laws identified in paragraph (1) of this subsection.
(3) The campaign shall place particular emphasis on communities that are most at risk for wage and labor violations and shall publicize resources available to tipped workers to protect against wage theft.
(4) The Mayor shall distribute such materials to all workplaces that employ employees paid pursuant to § 32-1003(f), and employers shall distribute the materials to all employees.
(5) The campaign shall comply with subchapter II of Chapter 19 of Title 2.
(b)(1) The Mayor shall create a reporting system that permits the public to report violations of subchapter X-A of Chapter 2 of Title 2, subchapter III of Chapter 5 of this title, subchapter I of Chapter 10 of this title, and Chapter 13 of this title.
(2) The reporting system shall:
(A) Be accessible to the public by the Internet and telephone 24 hours each day and 7 days each week for the entire calendar year;
(B) For the telephone component:
(i) Have live staff available to take complaints, answer basic questions, and provide resources during business hours; and
(ii) During non-business hours, have a voice-messaging system available on which an individual may leave his or her contact information so that his or her message can be returned;
(B-i) For the Internet component:
(i) Be user-friendly, including the ability to be accessed and viewed via mobile devices such as smartphones, to enable an employee to easily report an alleged violation of the laws identified in paragraph (1) of this subsection; and
(ii) Include video tutorials on how to report alleged violations of the laws identified in paragraph (1) of this subsection;
(C) Comply with subchapter II of Chapter 19 of Title 2[;] and
(D) Allow for anonymous reporting.
(3) The Mayor shall review all reports collected on the reporting system on a weekly basis.
(4) The Mayor may investigate whether violations reported through the reporting system established by this subsection have occurred.
Section 7065 of D.C. Law 23-149 amended section 8 of D.C. Law 22-196 removing the applicability provision impacting this section. Therefore, the creation of this section by section 4 of Law 22-196 has been implemented.
Applicability of D.C. Law 22-196: § 8 of D.C. Law 22-196 provided that the creation of this section by § 4 of D.C. Law 22-196 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.