DC Wage Theft Measure Set to Take Effect Soon

Author: Michael Cardman, XpertHR Legal Editor

January 29, 2015

Legislation establishing new employee notice requirements for employers in the District of Columbia is projected to take effect on February 26, according to the District's Department of Employment Services.

The Wage Theft Prevention Act of 2014 is currently under review by the US Congress, but there are no indications that federal lawmakers will reject it.

Starting 90 days after the effective date, employers will be required to provide newly hired employees written notice of their rate of pay and other information. The District will make a sample template of the notice available to employers within 60 days of the effective date.

The Act also expands the scope of coverage, and increases the penalties for violations, of several District employment laws.

For example, employers that use subcontractors and/or temporary staffing firms will be jointly and severally liable for violations of the District of Columbia Wage Payment and Collection Law, the Living Wage Act, and the Sick and Safe Leave Act.

In addition, the Act will revoke an exemption from the District's wage payment law that is currently available for executives, administrators and professionals. Once the Act takes effect, employers will need to pay such employees at least twice during each calendar month on regular paydays designated in advance by the employer. (However, if an employer has customarily paid wages at least once a month, or has done so pursuant to a contract, the employer may continue to do so.)