reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 32 - Labor › Chapter 12 - Parental Leave. [Recodified] › § 32–1202. Amount of leave; denial; form; notice

§ 32–1202. Amount of leave; denial; form; notice.
Recodified as § 32-521.02
(Aug. 17, 1994, D.C. Law 10-146, § 3, 41 DCR 4477; Apr. 3, 2001, D.C. Law 13-237, § 4(b), 48 DCR 597.)
Prior Codifications
1981 Ed., § 36-1602.
Section References
This section is referenced in § 32-1203.
Effect of Amendments
D.C. Law 13-237 rewrote the section which had read:
“(a) Except as provided in this section, an employee who is a parent shall be entitled to a total of 24 hours leave during any 12 month period to attend or participate in school-related events for his or her child.
“(b) An employer may deny the leave provided by subsection (a) of this section only if the granting of leave would disrupt the employer’s business and make the achievement of production or service delivery unusually difficult.
“(c) The leave provided by this section may consist of unpaid leave unless the parent elects to use any paid family, vacation, personal, compensatory, or leave bank leave that has been provided by the employer.
“(d) Any employee shall notify the employer of the desire for leave to attend a school-related event at least 10 calendar days prior to the event, unless the need to attend the school-related event cannot be reasonably foreseen.”
Emergency Legislation
For temporary (90-day) authorization of legislative findings, see § 2 of the District of Columbia Emancipation Day Emergency Amendment Act of 2000 (D.C. Act 13-307, April 7, 2000, 47 DCR 2710).
For temporary (90-day) amendment of section, see § 4(b) of the District of Columbia Emancipation Day Emergency Amendment Act of 2000 (D.C. Act 13-307, April 7, 2000, 47 DCR 2710).
For temporary (90 day) amendment of section, see § 4(b) of District of Columbia Emancipation Day Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-20, March 16, 2001, 48 DCR 2699).
Temporary Legislation
For temporary (225 day) amendment of section, see §§ 2, 4(a) of District of Columbia Emancipation Day Temporary Act of 2000 (D.C. Law 13-152, July 18, 2000, law notification 47 DCR 6102).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12 - Parental Leave. [Recodified] › § 32–1203. Effect of leave on employment benefits or seniority

§ 32–1203. Effect of leave on employment benefits or seniority.
Recodified as § 32-521.03
(Aug. 17, 1994, D.C. Law 10-146, § 4, 41 DCR 4477.)
Prior Codifications
1981 Ed., § 36-1603.
2023 District of Columbia Code › Title 32 - Labor › Chapter 12 - Parental Leave. [Recodified] › § 32–1204. Administrative enforcement procedure; relief

§ 32–1204. Administrative enforcement procedure; relief.
Recodified as § 32-521.04
(Aug. 17, 1994, D.C. Law 10-146, § 5, 41 DCR 4477; Apr. 18, 1996, D.C. Law 11-110, § 44(b), 43 DCR 530.)
Prior Codifications
1981 Ed., § 36-1604.
Section References
This section is referenced in § 32-1205.
2023 District of Columbia Code › Title 32 - Labor › Chapter 12 - Parental Leave. [Recodified] › § 32–1205. Enforcement by civil action

§ 32–1205. Enforcement by civil action.
Recodified as § 32-521.05
(Aug. 17, 1994, D.C. Law 10-146, § 6, 41 DCR 4477.)
Prior Codifications
1981 Ed., § 36-1605.
Section References
This section is referenced in § 32-1204.
2023 District of Columbia Code › Title 32 - Labor › Chapter 12 - Parental Leave. [Recodified] › § 32–1206. Notice

§ 32–1206. Notice.
Recodified as § 32-521.06
(Aug. 17, 1994, D.C. Law 10-146, § 7, 41 DCR 4477.)
Prior Codifications
1981 Ed., § 36-1606.
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.01. Definitions

§ 32–1231.01. Definitions.
For the purposes of this chapter, the term:
(1) "OHR" means the Office of Human Rights.
(2) “Reasonable accommodation” means an accommodation that does not cause undue hardship in the operation of the employer's business that an employer can make for an employee whose ability to perform the functions of the employee's job are affected by pregnancy, childbirth, a related medical condition, or breastfeeding, including:
(A) More frequent or longer breaks;
(B) Time off to recover from childbirth;
(C) The acquisition or modification of equipment or seating;
(D) The temporary transfer to a less strenuous or hazardous position or other job restructuring such as providing light duty or a modified work schedule;
(E) Having the employee refrain from heavy lifting;
(F) Relocating the employee's work area;
(G) Providing private non-bathroom space for expressing breast milk; or
(H) Time off due to pre-birth complications.
(3) “Undue hardship” means any action that requires significant difficulty in the operation of the employer's business or significant expense on the behalf of the employer when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.
(Mar. 3, 2015, D.C. Law 20-168, § 2, 61 DCR 11368; Oct. 8, 2016, D.C. Law 21-160, § 2082(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 2282(a), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2282(a) 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) amendment of this section, see § 2282(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 days) amendment of this section, see § 2(a) of the Protecting Pregnant Workers Fairness Emergency Amendment Act of 2016 (D.C. Act 21-314, Feb. 18, 2016, 63 DCR 2199).
Temporary Legislation
For temporary (225 days) amendment of section, see § 2(a) of the Protecting Pregnant Workers Fairness Temporary Amendment Act of 2016 D.C. Law 21-103, April 20, 2016, 63 DCR 3654, 20 DCSTAT 3147).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.02. Provision of reasonable accommodation

§ 32–1231.02. Provision of reasonable accommodation.
(a) An employer shall engage in good faith in a timely and interactive process with an employee requesting or otherwise needing a reasonable accommodation to determine a reasonable accommodation for that employee.
(b)(1) An employer may require an employee to provide a certification from the employee's health care provider concerning the medical advisability of a reasonable accommodation to the same extent a certification is required for other temporary disabilities.
(2) A certification shall include:
(A) The date the reasonable accommodation became or will become medically advisable;
(B) An explanatory statement as to the medical condition and the advisability of providing the reasonable accommodation in light of the condition; and
(C) The probable duration that the reasonable accommodation will need to be provided.
(c) In any proceeding brought under this chapter, the employer shall have the burden of establishing that it would be an undue hardship to provide a reasonable accommodation.
(Mar. 3, 2015, D.C. Law 20-168, § 3, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.03. Prohibitions

§ 32–1231.03. Prohibitions.
An employer shall not:
(1) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the employer can demonstrate that the accommodation would impose an undue hardship;
(2) Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent:
(A) Pay;
(B) Accumulated seniority and retirement:
(C) Benefits; and
(D) Other applicable service credits;
(3) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;
(4) Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perform her duties;
(5) Require an employee to take leave if a reasonable accommodation can be provided; or
(6) Take an adverse action against an employee who has been absent from work as a result of a pregnancy-related condition, including a pre-birth complication.
(Mar. 3, 2015, D.C. Law 20-168, § 4, 61 DCR 11368; Oct. 8, 2016, D.C. Law 21-160, § 2082(b), 63 DCR 10775.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of the Protecting Pregnant Workers Fairness Emergency Amendment Act of 2016 (D.C. Act 21-314, Feb. 18, 2016, 63 DCR 2199).
Temporary Legislation
For temporary (225 days) amendment of section, see § 2(b) of the Protecting Pregnant Workers Fairness Temporary Amendment Act of 2016 D.C. Law 21-103, April 20, 2016, 63 DCR 3654, 20 DCSTAT 3147).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.04. Notice of rights to employees

§ 32–1231.04. Notice of rights to employees.
(a) An employer shall post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to this chapter to:
(1) New employees at the commencement of employment;
(2) Existing employees within 120 days after March 3, 2015; and
(3) An employee who notifies the employer of her pregnancy, or other condition covered by this chapter, within 10 days of the notification.
(b) The employer shall provide an accurate written translation of the notice of rights to any non-English or non-Spanish speaking employee and as required by § 2-1933.
(Mar. 3, 2015, D.C. Law 20-168, § 5, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.05. Office of Human Rights; education efforts

§ 32–1231.05. Office of Human Rights; education efforts.
OHR shall develop courses of instruction and conduct ongoing public education efforts as necessary to inform employers, employees, employment agencies, and job applicants about their rights and responsibilities under this chapter.
(Mar. 3, 2015, D.C. Law 20-168, § 6, 61 DCR 11368; Dec. 13, 2017, D.C. Law 22-33, § 2282(b), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2282(b) 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) amendment of this section, see § 2282(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.06. Employee right of action

§ 32–1231.06. Employee right of action.
An employee or employees injured by a violation of this chapter shall be entitled to maintain an administrative action with OHR or a civil action in a court of competent jurisdiction within one year after the violation or discovery of the violation.
(Mar. 3, 2015, D.C. Law 20-168, § 7, 61 DCR 11368; Dec. 13, 2017, D.C. Law 22-33, § 2282(c), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2282(c) 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) amendment of this section, see § 2282(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.08. Judicial review

§ 32–1231.08. Judicial review.
(a) A party contesting a determination of the Commission on Human Rights shall have the right to judicial review as provided by § 2-1403.14.
(b) A party contesting a final decision of the Director shall have the right to judicial review as provided by 4 DCMR § 121.
(Mar. 3, 2015, D.C. Law 20-168, § 9, 61 DCR 11368; Dec. 13, 2017, D.C. Law 22-33, § 2282(e), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 105(b), 65 DCR 5091.)
Applicability
Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 103(b) of Fiscal Year 2018 Budget Support Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-213, Dec. 20, 2017, 64 DCR 13422).
For temporary (90 days) amendment of this section, see § 2282(e) 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) amendment of this section, see § 101(2) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).
For temporary (90 days) amendment of this section, see § 2282(e) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 103(b) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.09. Enforcement by civil action

§ 32–1231.09. Enforcement by civil action.
(a) A civil action may be maintained against any employer in a court of competent jurisdiction by one or more employees.
(b) An employer who violates the provisions of this chapter shall be liable to the affected employee or employees for the remedies set forth in § 32-1231.07(c).
(Mar. 3, 2015, D.C. Law 20-168, § 10, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.10. Interest and collection on amounts due

§ 32–1231.10. Interest and collection on amounts due.
(a) In any administrative or civil action brought under this chapter, the Mayor or court shall award interest on all amounts due and unpaid at the rate of interest specified in § 28-3302(b) or (c).
(b) The award of any money awarded to an employee under this chapter shall be enforceable by the employee to whom the debt is owed or may be collected by the District on behalf of the employee.
(Mar. 3, 2015, D.C. Law 20-168, § 11, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.11. Penalties

§ 32–1231.11. Penalties.
(a) An employer who willfully violates § 32-1231.03 shall be subject to a civil penalty of $ 1,000 for the 1st offense, $ 1,500 for the 2nd offense, and $ 2,000 for the 3rd and each subsequent offense.
(b) An employer who fails to post the notice of rights as required by § 32-1231.04(a) shall be assessed a civil penalty not to exceed $ 50 for each day that the employer fails to post the notice; provided, that the total penalty shall not exceed $ 250, unless the ongoing violation is willful.
(Mar. 3, 2015, D.C. Law 20-168, § 12, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.12. Pregnant Workers Protection Fund

§ 32–1231.12. Pregnant Workers Protection Fund.
(a) There is established as a special fund the Pregnant Workers Protection Fund (“Fund”), which shall be administered by an agency designated by the Mayor in accordance with subsection (c) of this subsection.
(b) The Fund shall consist of the revenue from the following sources recovered under this chapter:
(1) Civil fines; and
(2) Administrative penalties.
(c) The Fund shall be used to enforce this chapter.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Mar. 3, 2015, D.C. Law 20-168, § 13, 61 DCR 11368; Dec. 13, 2017, D.C. Law 22-33, § 2282(f), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2282(f) 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) amendment of this section, see § 2282(f) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.13. Rules

§ 32–1231.13. Rules.
Within 60 days of March 3, 2015, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including establishing procedures for a business to prove undue hardship.
(Mar. 3, 2015, D.C. Law 20-168, § 14, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.14. Construction

§ 32–1231.14. Construction.
This chapter shall not be construed to preempt, limit, diminish, or otherwise affect any other provision of law relating to sex discrimination or pregnancy or in any way to diminish the coverage for pregnancy, childbirth, or a related medical condition.
(Mar. 3, 2015, D.C. Law 20-168, § 15, 61 DCR 11368.)
2023 District of Columbia Code › Title 32 - Labor › Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers › § 32–1231.15. Applicability

§ 32–1231.15. Applicability.
This chapter shall apply as of October 1, 2015.
(Mar. 3, 2015, D.C. Law 20-168, § 16, 61 DCR 11368; Oct. 22, 2015, D.C. Law 21-36, § 7009, 62 DCR 10905.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 substituted “as of October 1, 2015” for “upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.”
Emergency Legislation
For temporary (90 days) amendment of D.C. Law 20-168, § 16, see § 7009 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1302. When wages must be paid; exceptions

§ 32–1302. When wages must be paid; exceptions.
An employer shall pay all wages earned to his or her employees on regular paydays designated in advance by the employer and at least twice during each calendar month; except, that all bona fide administrative, executive, and professional employees (those employees employed in a bona fide administrative, executive, or professional capacity, as defined in section 7-999.1 of the District of Columbia Municipal Regulation (7 DCMR § 999.1)) shall be paid at least once per month; provided, however, that an interval of not more than 10 working days may elapse between the end of the pay period covered and the regular payday designated by the employer, except where a different period is specified in a collective agreement between an employer and a bona fide labor organization; provided further, that where, by contract or custom, an employer has paid wages at least once each calendar month, he may lawfully continue to do so. Wages shall be paid on designated paydays in lawful money of the United States, or checks on banks payable upon demand by the bank upon which drawn.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 2; Apr. 7, 2017, D.C. Law 21-266, § 2(b), 64 DCR 2140.)
Prior Codifications
1981 Ed., § 36-102.
1973 Ed., § 36-602.
Section References
This section is referenced in § 32-1303, § 32-1304, and § 32-1307.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).
For temporary (90 days) amendment of this section, see § 2(b) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).
For temporary (90 days) amendment of this section, see § 3 of Wage Theft Prevention Clarification Emergency Amendment Act of 2015 (D.C. Act 21-8, Feb. 26, 2015, 62 DCR 2669).
For temporary (90 days) amendment of this section, see § 3 of the Wage Theft Prevention Clarification Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-66, May 22, 2015, 62 DCR 6867, 21 DCSTAT 1446).
For temporary (90 days) amendment of this section, see § 4 of the Wage Theft Prevention Clarification Emergency Amendment Act of 2016 (D.C. Act 21-291, Jan. 27, 2016, 63 DCR 1207).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3 of Revised Wage Theft Prevention Clarification Temporary Amendment Act of 2016 (D.C. Law 21-206, Feb. 18, 2017, 63 DCR 15051).
For temporary (225 days) amendment of this section, see § 3 of the Wage Theft Prevention Clarification Temporary Amendment Act of 2015 (D.C. Law 21-2, June 4, 2015, 62 DCR 4552).
For temporary (225 days) amendment of section, see § 4 of the Wage Theft Prevention Clarification Temporary Amendment Act of 2016 D.C. Law 21-101, April 6, 2016, 63 DCR 2220, 20 DCSTAT 3142).
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1304. Unconditional payment of wages conceded to be due

§ 32–1304. Unconditional payment of wages conceded to be due.
In case of a bona fide dispute concerning the amount of wages due, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time required by §§ 32-1302 and 32-1303; provided, however, that acceptance by the employee of any payment made hereunder shall not constitute a release as to the balance of his claim. The employee or Mayor shall be able to pursue any such balance of unpaid wages and related damages, interest, costs, and penalties.
(Aug. 3, 1956, 70 Stat. 977, ch. 924, § 4; Mar. 24, 1998, D.C. Law 12-81, § 48, 45 DCR 745; Feb. 26, 2015, D.C. Law 20-157, § 2(c), 61 DCR 10157.)
Prior Codifications
1981 Ed., § 36-104.
1973 Ed., § 36-604.
Section References
This section is referenced in § 32-1307.
Effect of Amendments
The 2015 amendment by D.C. Law 20-157 rewrote the last sentence.
Emergency Legislation
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).
Temporary Legislation
For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).
For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).
Editor's Notes
Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1305. Provisions of law may not be waived

§ 32–1305. Provisions of law may not be waived.
(a) Except as herein provided, no provision of this chapter shall in any way be contravened or set aside by private agreement.
(b) In enforcing the provisions of this chapter, the remuneration promised by an employer to an employee shall be presumed to be at least the amount required by federal law, including federal law requiring the payment of prevailing wages, or by District law.
(Aug. 3, 1956, 70 Stat. 977, ch. 924, § 5; Dec. 24, 2013, D.C. Law 20-61, § 2062(c), 60 DCR 12472.)
Prior Codifications
1981 Ed., § 36-105.
1973 Ed., § 36-605.
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 added (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2062(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 2062(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Short Title
Section 2061 of D.C. Law 20-61 provided that Subtitle G of Title II of the act may be cited as the “Wage Theft Prevention Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1306.01. Training

§ 32–1306.01. Training.
(a) Each business owner or operator who employs an employee who is paid in accordance with § 32-1003(f) shall attend either in-person or online, on a yearly basis, at least one training on the requirements of this chapter.
(b) Each manager who is employed by an employer that employs an employee who is paid in accordance with § 32-1003(f) shall attend in-person, on a yearly basis, at least one training on the requirements of this chapter.
(c) Each employer that employs an employee who is paid in accordance with § 32-1003(f) shall offer, at least once annually, its employees the opportunity to attend in person or to complete online at least one training on the requirements of this chapter.
(d) No later than December 31 of each year, each employer subject to the requirements of this section shall provide a certification to the Department of Employment Services that all requirements of this section have been fulfilled.
(Aug. 3, 1956, 70 Stat. 977, ch. 924, § 6a; as added Dec. 13, 2018, D.C. Law 22-196, § 7, 65 DCR 12049.)
Applicability
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 7 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 subsection (d) of this section by § 7 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.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1308.02. Interpretation of fees

§ 32–1308.02. Interpretation of fees.
No inference shall be drawn, or precedent established, based on the provisions in § 32-1308 or § 32-1308.01 that provide that attorney fees shall be calculated pursuant to the matrix approved in
Salazar v. District of Columbia
, 123 F.Supp.2d 8 (D.D.C. 2000) that such fees are reasonable for any law other than this chapter, the Minimum Wage Revision Act, the Sick and Safe Leave Act, or the Living Wage Act.
(Aug. 3, 1956, 70 Stat. 978, ch. 924, § 8b; as added Apr. 7, 2017, D.C. Law 21-266, § 2(h), 64 DCR 2140.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2(h) of Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).
For temporary (90 days) creation of this section, see § 2(h) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1309. Mayor may delegate functions

§ 32–1309. Mayor may delegate functions.
The Mayor is authorized to delegate to any agency of the government of the District of Columbia any function, power, or duty vested in or imposed upon him by this chapter.
(Aug. 3, 1956, 70 Stat. 978, ch. 924, § 9.)
Prior Codifications
1981 Ed., § 36-109.
1973 Ed., § 36-609.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1310. Severability

§ 32–1310. Severability.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby.
(Aug. 3, 1956, 70 Stat. 979, ch. 924, § 10.)
Prior Codifications
1981 Ed., § 36-110.
1973 Ed., § 36-110.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter I - Payment and Collection of Wages › § 32–1312. Rules

§ 32–1312. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.
(Aug. 3, 1956, 70 Stat. 978, ch. 924, § 10b; as added Apr. 7, 2017, D.C. Law 21-266, § 2(i), 64 DCR 2140.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2(i) of Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).
For temporary (90 days) creation of this section, see § 2(i) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).
For temporary (90 days) creation of this section, see § 2(d) of the Wage Theft Prevention Correction and Clarification Second Congressional Emergency Amendment Act of 2016 (D.C. Act 21-512, Jan. 17, 2017 63 DCR 13577).
For temporary (90 days) creation of this section, see § 2(d) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2016 (D.C. Act 21-480, July 21, 2016, 63 DCR 10193).
Temporary Legislation
For temporary (225 days) creation of this section, see § 2(d) of Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2016 (D.C. Law 21-170, Nov. 30, 2016, 63 DCR 12600).
Editor's Notes
Section 5 of D.C. Law 21-266 provided that all rules, forms, and regulations issued pursuant to the Wage Theft Prevention Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-157; 61 DCR 10157), and any rules, forms, and regulations issued pursuant to any like succeeding emergency and temporary acts, includingthe Wage Theft Prevention Clarification Temporary Amendment Act of 2016, effective April 6, 2016 (D.C. Law 21-101; 63 DCR 2220), and the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2016, effective November 30, 2016 (D.C. Law 21-170; 63 DCR 12600), shall continue in effect according to their terms until lawfully amended, repealed, or superseded.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.01. Definitions

§ 32–1331.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Construction services” includes, without limitation, all building or work on buildings, structures, and improvements of all types such as bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, pumping stations, heaving generators, railways, airports, terminals, docks, piers, wharves, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping. The term “construction services” shall also include moving construction-related materials on the job site.
(2) “Employee” means every person, other than an exempt person or an independent contractor, providing construction services to another person.
(3) “Employer” means any individual, partnership, firm, association, joint stock company, trust, limited liability company, corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, or any other legal entity permitted to do business within the District of Columbia employing a person to provide services, or any person or group of persons acting directly or indirectly in the interest of an employer.
(4) “Exempt person” means an individual who:
(A)(i) Performs services in a personal capacity and who employs no individuals other than a spouse, child, or immediate family member of the individual; or
(ii) Performs services free from direction and control over the means and manner of providing the services, subject only to the right of the person or entity for whom services are provided to specify the desired result;
(B) Furnishes the tools and equipment necessary to provide the service; and
(C) Operates a business that is considered inseparable from the individual for purposes of taxes, profits, and liabilities, in which the individual exercises complete control over the management and operations of the business.
(5) “Interested party” means a person with an interest in compliance with this subchapter.
(6) “Knowingly” means having actual knowledge of, or acting with deliberate ignorance or reckless disregard for, the prohibition involved.
(7) “Mayor” mean the Mayor of the District of Columbia or his or her designated agent or agents.
(8) “Stop work order” means written notice from the Mayor to an employer to cease or hold work until the employer is given notice by the Mayor to resume work.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 201; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Section References
This section is referenced in § 2-359.07.
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this subchapter.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.02. Application

§ 32–1331.02. Application.
This subchapter shall apply only to the construction services industry.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 202; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.03. Deemed employers

§ 32–1331.03. Deemed employers.
For the purposes of this subchapter, the officers of a corporation and any agents having the management thereof who knowingly permit the corporation to violate this subchapter shall be deemed to be the employers of the employees of the corporation.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 203; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.04. Workplace fraud prohibited

§ 32–1331.04. Workplace fraud prohibited.
(a) An employer shall not improperly classify an individual who performs services for remuneration paid by an employer as an independent contractor.
(b) An employer has improperly classified an individual when an employer-employee relationship exists, as determined by subsection (c) of this section, but the employer has not classified the individual as an employee.
(c) An employer-employee relationship shall be presumed to exist when work is performed by an individual for remuneration paid by an employer, unless to the satisfaction of the Mayor, the employer demonstrates that:
(1) The individual is an exempt person; or
(2)(A) The individual who performs the work is free from control and direction over the performance of services, subject only to the right of the person or entity for whom services are provided to specify the desired result;
(B) The individual is customarily engaged in an independently established trade, occupation, profession, or business; and
(C) The work is outside of the usual course of business of the employer for whom the work is performed.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 204; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.06. Hearings

§ 32–1331.06. Hearings.
(a)(1) Within 15 days after service of notice of a violation, an alleged violator may submit a written request to the Mayor to hold a hearing on the alleged violation.
(2) Upon receipt of a timely request, the Mayor shall conduct a hearing in accordance with the procedures set forth in subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], and issue a decision within 30 days after the hearing.
(b) If the Mayor, after investigation but before a hearing, has cause to believe that a person is violating any provision of this subchapter and the violation has caused, or may cause, immediate and irreparable harm to the public, the Mayor may issue a stop work order requiring the alleged violator to immediately cease and desist construction-related business activities. The order shall be served by certified mail or delivery in person.
(c)(1) Within 10 days after service of a stop work order, the alleged violator may submit a written request to the Mayor for an expedited hearing on the alleged violation.
(2) Upon receipt of a timely request for an expedited hearing, the Mayor shall conduct a hearing within 10 days after the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.
(3) The Mayor shall issue a decision within 10 days after an expedited hearing.
(d) Any party aggrieved by a final order of the Mayor under subsection (c)(3) of this section may seek judicial review and appeal under § 2-510.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 206; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
Emergency Legislation
For temporary (90 days) repeal of D.C. Law 19-300, § 4, see § 7019 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) repeal of D.C. Law 19-300, § 4, see 7019 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Short Title
Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.
Editor's Notes
Section 4 of D.C. Law 19-300 provided that D.C. Law 19-300, §§ 205, 206, and 212(e) shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 7019 of D.C. Law 20-61 repealed D.C. Law 19-300, § 4.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.07. Penalties

§ 32–1331.07. Penalties.
(a) Any employer who violates or fails to comply with the requirements of this subchapter shall be subject to a civil penalty of not less than $1,000, and not more than $5,000, for each violation. Each employee who is not properly classified in violation of this subchapter shall be considered a separate violation.
(b) An employer who violates § 32-1331.10 shall be subject to a civil penalty of not less than $5,000, and not more than $10,000, for each such violation.
(c) In addition to the penalties provided in subsections (a) and (b) of this section, an employer may be subject to a stop work order, and may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations.
(d) Within 30 days of the final order, an employer found in violation of this subchapter shall be required to:
(1) Pay restitution to or on behalf of any individual not properly classified; and
(2) Otherwise come into compliance with all applicable labor laws, including those related to income tax withholding, unemployment insurance, wage and hour laws, and workers’ compensation.
(e) Notwithstanding subsections (a) and (b) of this section, an employer who has been found to have violated this subchapter more than twice in a 2-year period:
(1) Shall have the choice of being assessed an administrative penalty of $20,000 for each employee that was not properly classified, or be debarred for 5 years; and
(2) If an employer is debarred pursuant to paragraph (1) of this subsection, the employer shall be subject to a civil penalty of not less than $5,000, and not more than $10,000, for each employee that was not properly classified, and may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations.
(f) Any penalty issued under this section against an employer shall be in effect against any successor corporation or business entity that:
(1) Has one or more of the same principals or officers as the employer against whom the penalty was assessed; and
(2) Is engaged in the same or equivalent trade or activity.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 207; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.08. Provisions of law may not be waived by agreement

§ 32–1331.08. Provisions of law may not be waived by agreement.
No provision of this subchapter may in any way be contravened or set aside by private agreement. Any agreement between an employer and employee in which the employee, despite not being an exempt person, agrees to be classified as an independent contractor shall be no defense to any action to recover unpaid wages or liquidated damages.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 208; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.09. Private right of action

§ 32–1331.09. Private right of action.
(a) A person aggrieved by a violation of this subchapter, or any rule issued pursuant to this subchapter, by an employer or entity may bring a civil action in any court of competent jurisdiction within 3 years after the occurrence of the alleged violation of [this] subchapter. A person whose rights have been violated under this subchapter by an employer or entity is entitled to collect:
(1) The amount of any wages, salary, employment benefits, or other compensation denied or lost to the person by reason of the violation, plus an additional equal amount in liquidated damages;
(2) Compensatory damages and an amount up to $500 for each violation of this subchapter or any rule issued pursuant to this subchapter; and
(3) In the case of unlawful retaliation, all legal or equitable relief as may be appropriate.
(b) A court may order the following:
(1) Reinstatement and the payment of back wages;
(2) Fringe benefits;
(3) Seniority rights;
(4) Treble damages for lost wages or benefits; or
(5) Any combination of the remedies set forth in paragraphs (1) through (4) of this subsection.
(c) The court shall allow for reasonable attorneys fees and costs of the action to be paid by the defendant.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 209; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Section References
This section is referenced in § 32-1331.11.
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 13 - Wages and Workplace Fraud › Subchapter II - Workplace Fraud › § 32–1331.10. Retaliation prohibited

§ 32–1331.10. Retaliation prohibited.
(a) An employer may not discriminate in any manner or take adverse action against any person because the person:
(1) Makes an oral or written complaint with the employer or the Mayor alleging that the employer violated any provision of this subchapter or any rule issue pursuant to this subchapter;
(2) Brings an action or initiates a proceeding involving a violation of this subchapter;
(3) Testifies in an action authorized under this subchapter or a proceeding involving a violation of the provisions of this subchapter or any rule issued pursuant to this subchapter; or
(4) Assists in an investigation by providing information to a litigant in a civil action, the Mayor, or another agency in proceedings as provided by [this] subchapter.
(b)(1) A person who believes that an employer has discriminated in any manner or taken adverse action against the person in violation of this subchapter may submit to the Mayor a written complaint, signed by the complainant, that alleges the discrimination.
(2) Upon receipt of a complaint, the Mayor shall conduct an investigation.
(Aug. 3, 1956, 70 Stat. 976, ch. 924, § 210; as added Apr. 27, 2013, D.C. Law 19-300, § 2(b), 60 DCR 2679.)
Section References
This section is referenced in § 32-1331.07.
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.