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D.C. Wage Theft Prevention Act Amended by Council to Remove Certain Exempt-Employee Mandates

The District of Columbia Council has passed emergency and temporary amendments to the Wage Theft Prevention Amendment Act that, among other things, remove the requirements that employers keep time for exempt employees and that they pay exempt employees at least twice monthly. Exempt employees still are covered by the other requirements and protections of the Act, including the notice requirements.

The Council also revised the Act’s notice requirements to replace the mandate that the notice be provided in an employee’s primary language with a requirement that employers furnish to each employee at the time of hiring (and whenever the required notice information changes) a written notice in English in the sample form made available by the Mayor. Further, if the Mayor has made available a translation of the sample template in a second language that is known by the employer to be the employee’s primary language, or that the employee requests, the employer also must furnish written notice to the employee in that second language. The Council left unchanged the Act’s provision that states, “As proof of compliance, every employer [except staffing agencies, that can provide the notice electronically] shall retain copies of the written notice furnished to employees that are signed and dated by the employer and by the employee acknowledging receipt of the notice.”

The Mayor is expected to approve the latest changes before the current February 26th effective date of the Wage Theft Prevention Amendment Act. Therefore, the effectiveness of the Act and these changes will be coextensive. 

The effective date is still subject to change. Once the law goes into effect, employers are required to give employees written notice of their wages. The Mayor is to provide employers with a template of this notice within 60 days of the Act’s effective date. Employers are required to issue the written notice to each employee within 90 days of the Act’s effective date.

Jackson Lewis P.C. © 2019

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About this Author

Leslie Stout-Tabackman, Labor Employment Attorney, Shareholder, Jackson Lewis Law Firm
Shareholder

Leslie Stout-Tabackman is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She has a broad-based practice counseling and representing employers on compliance with federal and state workplace laws and regulations, and designing and implementing sound practices and policies.

Ms. Stout-Tabackman regularly counsels and represents clients with matters before the U.S. Department of Labor’s (DOL) Wage and Hour Division, including Fair Labor Standards Act (FLSA) issues and prevailing wage and benefits issues arising under the Service Contract Act...

703-483-8345
Jacqueline C. Tully, Labor Employment Attorney, Jackson Lewis Law Firm
Associate

Jacqueline C. Tully is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. Since entering private practice in 2003, she has focused on advising clients on state and federal employment laws, and she represents employers in litigation and administrative procedures.

Ms. Tully focuses her practice on management-side wage and hour law. Her extensive experience both litigating and providing counsel regarding wage and hour matters informs her practical and holistic approach to each practice area.

Ms. Tully’s practice includes providing day-to-day advice and counsel regarding various wage and hour issues including: exempt/non-exempt classification, permissible pay deductions, regular rate calculations, identifying and capturing working time, establishing pay and job duties for tipped employees, and related policies and practices. She has performed preventative compliance reviews and audits ranging from individual employees to enterprise-wide evaluations of the status of thousands of workers. Ms. Tully seeks to understand each employer’s culture, industry, and unique business concerns to develop strategies for change management to minimize risks and enhance compliance.

703-483-8322