2023 District of Columbia Code › Title 32 - Labor › Chapter 10A - Building Service Employees Minimum Work Week › § 32–1051.08. Administrative action by the Mayor

§ 32–1051.08. Administrative action by the Mayor.
(a) Subject to the statute of limitations described in subsection (b) of this section, upon a request by a covered employee for administrative enforcement of this chapter, the Mayor shall investigate and make an initial determination regarding the alleged violation.
(b)(1) Except as provided in paragraph (3) of this subsection, an aggrieved covered employee ("complainant") shall file a signed complaint against a covered employer for failure to provide a minimum work week with the Mayor no later than 3 years after the last date upon which the alleged violation occurred.
(2) A complainant may recover only those amounts that became lawfully due and payable within the 3-year period before the date the complaint was filed; except, that if the alleged failure to provide a minimum work week is ongoing at the time of the filing of the complaint, the complainant may also seek recovery of those amounts that accrued during the pendency of the claim.
(3) The 3-year statute of limitations shall be tolled during any period that the covered employer had failed to provide the covered employee with actual or constructive notice of the covered employee's rights or on other equitable grounds.
(c) The complaint shall:
(1) Set forth the facts upon which it is based with sufficient specificity to determine that an allegation of failure to provide a minimum work week has been made;
(2) Meet other criteria required in this section, or by regulations issued pursuant to this chapter;
(3) Be sworn to as true by the complainant; and
(4) Include, or be attached thereto, the following information:
(A) The complainant's name, address, and telephone number (or alternate address or telephone number if the complainant desires);
(B) Sufficient information to enable the Mayor to identify the covered employer through District records, such as the covered employer's:
(i) Name;
(ii) Business address;
(iii) Motor vehicle license plate number; or
(iv) Telephone number; and
(C) If not set forth in the statement of facts required by paragraph (1) of this subsection, an explanation of the alleged violations, which may include:
(i) The approximate or actual dates the violations occurred;
(ii) The estimated total amount of unpaid wages: and
(iii) An explanation of how the estimated total amount of unpaid wages was calculated.
(d) The Mayor may, as the Mayor determines necessary or appropriate, request that the complainant amend a complaint considered insufficient, including to:
(1) Cure technical defects or omissions;
(2) Clarify or amplify allegations; or
(3) More fully or adequately allege the charge set forth in the original complaint.
(e)(1) The Mayor shall mail the complaint and the written notices described in paragraph (2) of this subsection to the covered employer or, if more than one, to each covered employer ("respondent").
(2)(A) Notice to the respondent shall set forth the:
(i) Damages, penalties, and other costs for which the respondent may be liable;
(ii) Rights and obligations of the parties; and
(iii) Process for contesting the complaint.
(B) Notice to covered employees shall state that an investigation by the Mayor is being conducted and provide information on how covered employees may participate in the investigation.
(f)(1) Upon receipt of the notice required by subsection (e)(2)(B) of this section, the respondent shall post the notice in a conspicuous place for a period of at least 30 days.
(2) Within 20 days from the date the complaint and written notices are mailed, the respondent shall:
(A) Admit that the allegations in the complaint are true; or
(B) Deny the allegations in the complaint and request that the Mayor make an initial determination regarding the allegations in the complaint.
(3) If a respondent admits the allegations, the Mayor shall issue an administrative order requiring the respondent to pay the unpaid wages due and, if any, other compensation, liquidated damages, and fine or penalty owed, and to cure the violation.
(4) If a respondent fails to respond to the allegations within 20 days as required by paragraph (2) of this subsection, the allegations in the complaint shall be deemed admitted and the Mayor shall issue an initial determination requiring the respondent to pay unpaid wages due and, if any, compensation, liquidated damages, and fine or penalty owed, and to cure the violation.
(5)(A) The Mayor shall issue an initial determination within 120 days after the date the complaint is received. The initial determination shall contain:
(i) A brief summary of the evidence considered;
(ii) The findings of fact;
(iii) The conclusions of law;
(iv) An order detailing the amount owed by the respondent or other relief, if any;
(v) The process by which to appeal the Mayor's determination or to seek other relief; and
(vi) A preliminary determination as to whether the complainant is entitled to additional unpaid earned wages due to other District laws, including the:
(I) Chapter 1A of this title;
(II) Subchapter X-A of Chapter 2 of Title 2;
(III) Subchapter I of Chapter 10 of this title; and
(IV) Subchapter I of Chapter 13 of this title.
(B) The initial determination shall be provided to both parties.
(C) If the Mayor fails to issue an initial determination within 120 days after the date the complaint is received, the complainant shall have a right to request a formal hearing before an administrative law judge.
(Oct. 8, 2016, D.C. Law 21-157, § 9, 63 DCR 10739.)
Applicability
Section 7016 of D.C. Law 22-33 repealed § 18 of D.C. Law 21-157. Therefore the changes made to this section by D.C. Law 21-157 have been implemented.
Applicability of D.C. Law 21-157: § 18 of D.C. Law 21-157 provided that the creation of this section by § 9 of D.C. Law 21-157 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.
Emergency Legislation
For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 18 of D.C. Law 21-157, see § 7016 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).