In the District of Columbia, the Tipped Wage Workers Fairness Act (the “Act”) was passed in 2018. Like many DC laws, it applies to employers with only one employee and requires significant reporting to the DC government. I previously provided an overview of the Act. August 31, 2023, will mark another deadline for DC employers – who must submit a verification reflecting proof that they provided sexual harassment training to all staff/management in the manner outlined in the Act.

More information the training requirements and the August 31 deadline can be found here. I strongly urge all employers to review DC’s website to confirm that their businesses fall inside (or outside of the law). Recently, DC’s Department of Employment Services (DOES) levied steep fines on businesses that failed to adhere to the Act – even when they self-reported related errors. For example, a failure to pay a couple of dollars in tips between April 2020 and June 2020 resulted in a $108,400 fine. The steep fines are likely due to the Act’s daily accrual of damages that apply on a “per employee” basis.

I would recommend that employers with employees working in DC (including telework) also review their compliance with other wage laws, including, but not limited to the Wage Theft Prevention Act, which prohibits classifying an individual as an independent contractor if they actually work as an employee. A failure to adhere to this law (like the Act) can result in significant damages and attorney’s fees. DC government’s recent series of fines may mean that DC government is looking to strictly enforce all existing labor laws.

Feel free to reach out to me to discuss your compliance with DC labor laws.