2023 District of Columbia Code › Title 32 - Labor › Chapter 1C - Public Information Regarding District Labor Laws › § 32–161. District of Columbia labor law universal notice requirements

§ 32–161. District of Columbia labor law universal notice requirements.
(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:
(A) Living Wage Act of 2006 [subchapter X-A of Chapter 2 of Title 2];
(B) Human Rights Act of 1977 [Unit A of Chapter 14 of Title 2];
(C) District of Columbia Family and Medical Leave Act of 1990 [subchapter I of Chapter 5 of this title];
(D) Parental Leave Act of 1994 [subchapter II of Chapter 5 of this title];
(E) Accrued Sick and Safe Leave Act of 2008 [subchapter III of Chapter 5 of this title];
(F) Repealed.
(G) Minimum Wage Act Revision Act of 1992 [subchapter I of Chapter 10 of this title];
(H) Building Service Employees Minimum Work Week Act of 2016 [Chapter 10A of this title];
(I) Protecting Pregnant Workers Fairness Act of 2014 [Chapter 12A of this title];
(J) An Act To provide for the payment and collection of wages in the District of Columbia [Chapter 13 of this title]; and
(K) District of Columbia Workers' Compensation Act of 1979 [Chapter 15 of this title].
(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
(C) Printer-friendly.
(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) Repealed.
(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.)
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 3 of Law 22-196 has been implemented.
D.C. Law 23-16, § 2102(a), amended this section which is subject to appropriations pursuant to § 8 of D.C. Law 22-196. Therefore the amendment made by D.C. Law 23-16 has not 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.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 401 of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).
For temporary (90 days) amendment of this section, see § 2102(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) amendment of this section, see § 2102(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 401 of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).