District of Columbia Increases Inspections, Ensures Wage Theft Law Compliance

Author: Marta Moakley, XpertHR Legal Editor

April 24, 2015

The District of Columbia Department of Employment Services (DOES) has launched an outreach program called the "Zip Code Project" in order to ensure employer implementation of, and compliance with, District of Columbia employment laws, including the Wage Theft Prevention Amendment Act. District of Columbia employers should ensure compliance with all labor and employment laws, including any notice posting and recordkeeping requirements.

Although enforcement agencies frequently embark on technical assistance or employer outreach programs in order to ensure that new laws are implemented properly, an employer may run the risk of a compliance investigation if it runs afoul of a law that is in effect at the time of the agency's visit. In addition, newer laws with complex requirements, such as the Wage Theft Prevention Amendment Act, can be particularly challenging for employers.

DOES makes the Zip Code Project's enforcement purpose explicit in its calendar entries, explaining that the initiative is a "weekly outreach campaign conducted by [the Office of Wage-Hour] and the Office of Occupational Safety and Health (OSH) to educate, inform, and ensure enforcement of DC Wage Laws, OSHA regulations, and Worker Compensation laws via site visits to local businesses."

Although there are two inspections scheduled for the last Monday and Wednesday in April, DOES clarifies that all dates are tentative. Therefore, cautious employers should not assume that inspections would be conducted on only those dates specified on the agency's public calendar.

According to DOES, the inspection teams will initially focus on the following business industries:

  • Construction;
  • Restaurants;
  • Home healthcare;
  • Daycare; and
  • Retail.

Employers should ensure that applicable posting requirements are fully met, such as posting a Spanish version of the notice if required. In addition, payroll records should be kept in compliance with all laws currently in effect. Otherwise, DOES may issue a Notice of Violation and schedule repeat visits that may result in fines and penalties.