2023 District of Columbia Code › Title 32 - Labor › Chapter 10A - Building Service Employees Minimum Work Week › § 32–1051.11. Enforcement of administrative order or conciliation agreement

§ 32–1051.11. Enforcement of administrative order or conciliation agreement.
(a)(1) A respondent shall comply with the provisions of any order or conciliation agreement affording relief and shall furnish proof of compliance to the Mayor.
(2) If a respondent refuses or fails to comply with the administrative order or conciliation agreement, the Mayor or the complainant may record a lien and may sue in the Superior Court of the District of Columbia for a remedy, enforcement, or assessment or collection of a civil penalty; provided, that the Superior Court of the District of Columbia shall have no jurisdiction to adjudicate the merits of the underlying claim but shall be limited to enforcement of the administrative order or conciliation agreement.
(b)(1) The Mayor may, at the request of a covered employee, take an assignment in trust for the assigning covered employee of wages and join in a proceeding or action of such claims against the same covered employer as the Mayor considers appropriate.
(2) The Mayor shall have power to settle and adjust any such claim on the terms the Mayor considers just; provided, that no settlement for an amount less than the amount awarded by the administrative law judge shall be agreed to without the complainant's consent.
(3) The Mayor shall maintain regular contact with the complainant concerning the procedural status of any legal action brought under the assignment, and the complainant shall have the right to inquire about and receive information regarding the status of the legal action.
(c)(1) If a respondent fails to timely comply with an administrative order or conciliation agreement that has not been stayed, the Mayor shall:
(A) Assess an additional late fee equal to 10% of the total amount owed for each month any portion of the award and accrued late penalty remain unpaid;
(B) Require the respondent to post public notice of its failure to comply, in a form determined by the Mayor; and
(C) Consider any unpaid amount to be owed the District as past due restitution on behalf of a covered employee; and
(D) Suspend any licenses issued to the covered employer to do business in the District as set forth in subsection (d) of this section.
(2)(A) Penalty amounts, including civil penalties and late fees, and any wages, compensation, damages, interest, costs, or other fees awarded to a covered employee, or a representative of the covered employee, shall be a lien upon the real estate and personal property of the person who owes the foregoing.
(B) The lien shall take effect by operation of law on the day immediately following the due date for payment, and, unless dissolved by payment, shall as of that date be considered a tax due and owing to the District, which may be enforced through any procedure available for tax collection.
(d) The Mayor shall:
(1) Deny an application for a license to do business issued by the District if, during the 3-year period before the date of the application, the applicant admitted guilt or liability or had been found guilty or liable in any judicial or administrative proceeding of committing or attempting to commit a willful violation of this chapter;
(2) Suspend any license to do business issued by the District if the licensee has failed to comply with an administrative order issued or conciliation agreement entered into pursuant to this chapter; and
(3) Upon learning of a licensee's alleged lack of compliance with an administrative order issued or conciliation agreement entered into pursuant to this chapter, notify the licensee that its license shall be suspended in 30 days and remain suspended until the licensee provides proof that it is in compliance with the administrative order or conciliation agreement, whichever applies, including any requirements for accelerated payment, interest, or additional damages in the event of a breach; provided, that before a license may be suspended, the Mayor shall provide the licensee the opportunity to have a hearing pursuant to Chapter 5 of Title 2.
(Oct. 8, 2016, D.C. Law 21-157, § 12, 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 § 12 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).