The District of Columbia has stepped up enforcement efforts against wage theft. The District’s Wage Theft Prevention Amendment Act of 2014 (WTPAA) went into effect on February 26, 2015, imposing new recordkeeping obligations on employers, establishing additional wage enforcement procedures, and increasing penalties and damages when an employer violates one of several wage payment laws. It also concerns wage theft liabilities as between employers and staffing agencies, and contractors and subcontractors.
Individual Notice Requirement
Two key components of the WTPAA are the written notice and recordkeeping requirements. The law now requires employers to record the precise time worked each day and each workweek by each nonexempt employee. It also requires providing employees with a detailed notice of employment information. Specifically, employers must provide employees with written notice that includes:
- The name of the employer and any “doing business as “(DBA) names used by the employer
- The physical address of the employer’s main office or principal place of business, and a mailing address if different
- The employer’s telephone number
- The employee’s rate of pay and the basis of that rate, including: rate by the hour, shift, day, or week, salary, piece rate, or commission; any allowances claimed as part of the minimum wage, including tip, meal, or lodging allowances; overtime rate of pay or exemptions from overtime pay; living wage or exemptions from the living wage; and any applicable prevailing wages
- The employee’s regular payday designated by the employer
- Any other information the Mayor requires
The notice must be provided in English and the employee’s primary language if the Mayor has made such translation available.
Timing and Receipt of Notice
The notice of employment information must be provided to employees on the following occasions:
- To all new hires at the time of hiring, effective immediately
- To all current employees, on or before May 27, 2015, and
- To each employee whenever the employer’s or employee’s information changes.
The employer must retain for a period of 3 years a copy of the notice signed and dated by the employer and by the employee acknowledging receipt of the notice.
The District’s Department of Employment Services is also requiring employers to keep posted in the workplace a summary of the WTPAA, effective immediately. The poster can be ordered here:
Employer’s can also download FREE from our website a Notice of Hire template that can be used for new hires and current employees. Download from here: