November 2017
D.C. Wage Theft Prevention Act of 2014
A. In General Overtime rate of pay and exemptions
from overtime pay; and
The D.C. Wage Theft Prevention The employee’s regular payday.
Amendment Act of 2014 (the “Act”)
introduced a broad range of important Employers must provide the notice in
new provisions that affect all employers English; if the employee’s primary
in the District and significantly increase language is not English, the employer
employer obligations and liabilities with may need to provide it in the employee’s
respect to the calculation and payment of primary language as well as in
wages. The Act includes new accordance with D.C. language access
compliance requirements and requirements. The notice must be signed
enforcement schemes, an anti-retaliation and dated by the employee and
provision, and enhanced penalties for employer.
violations.
The employer may draft its own form of
B. New Compliance Requirements notice, provided it contains all of the
required information in the notice.
Notice Requirements Alternatively, the Mayor’s office has
provided a sample template in both
The Act mandates that at the time of English and Spanish.
hiring, new hires must receive an
itemized wage statement that includes: Changes in Employment Terms
The employer’s name (and any In addition to the notice the employee
"doing business as" names); receives when he or she is first hired, an
The phone number and physical and employee must receive a new notice
mailing address of the employer’s whenever any of the information in the
main office; original notice changes. This includes
The employee’s rate of pay and the changes in the employee’s rate of pay, a
basis of the rate (including change in the employer’s business
allowances and exemptions); address, a change in the employee’s
status as exempt from overtime or non-
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November 2017
exempt from overtime, and a change in final paycheck on the next payday or
the employee’s pay date. within seven days.
Timekeeping Requirements C. New Enforcement Schemes for
Employee Complaints
The Act also makes substantial changes
to timekeeping requirements. The Act provides for stiff penalties for
Previously, employers were required to employer violations of the Act’s new
keep records of "hours worked" by notice and recordkeeping requirements,
employees. Under the Act, employers as well as increased civil and criminal
must maintain records of the "precise penalties for violations of other wage-
time worked" by a nonexempt and-hour laws. These include:
employee. In the absence of regulations
that define "precise," employers may A $500 fine for each violation of the
wish to require that employees account notice requirement for new
for their start, finish, and break time by employees.
the minute. (e.g., 9:03 a.m.-12:05 p.m. Criminal penalties of $2,500 to
and 12:35 p.m.-5:00 p.m.). $10,000 per affected employee for
employers that willfully or
The Act also amends the recordkeeping negligently violate the Wage
requirements for the D.C. Accrued Sick Payment Act and Living Wage Act,
and Safe Leave Act of 2008. In addition along with possible jail terms of 30
to maintaining records of "precise time to 90 days.
worked" by each employee, employers Increased civil liability for violations
must also record the amount of paid of the Minimum Wage Act.
leave taken by each employee, whether Suspension of the three-year statute
exempt or non-exempt. These records of limitations typically applicable to
must be kept for at least three years. wage claims. If the employer is not
in compliance with the Act, the clock
Other Requirements will not begin to run until the
employer complies with its
The Act requires that an employer must requirements. This means, for
post a copy or summary of the Act on its example, that an employee who did
premises so employees may see it. The not receive a proper notice under the
notice is available on the Department of Act is not required to file a wage
Employment Services website in English claim within three years of the
and Spanish. alleged wage violation.
Denial of a business-license
Except in a few limited circumstances, application to any employer who,
discharged employees (exempt and during the previous three years, was
nonexempt) must receive their final found criminally, administratively,
paycheck on the next working day or civilly liable of a willful violation
following their discharge, while of the Minimum Wage Act, the
employees who resign must receive their
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Wage Payment Act, the Living Wage E. Steps to Take Now
Act, or the Sick and Safe Leave Act.
Employers who have not yet complied
In order to ensure compliance with its with the Act should immediately do the
terms, the Act sets out detailed following:
administrative and judicial procedures
for handling employee complaints. Establish procedures for issuing an
itemized wage statement to existing
Under the administrative enforcement employees and to new employees at
scheme, employees may seek damages, the time of hiring, as well to any
penalties and other costs for violations of employees whose terms of
the Act by filing a complaint with the employment change;
Mayor’s office. An administrative Institute proper time-keeping
decision may then be appealed before an methods to record the "precise time
administrative law judge, with the worked" each day by nonexempt
burden on the employer to rebut the employees;
complaint with "compelling evidence." Make sure that your organization
Judicial enforcement is also available: effectively justifies through
employees may sue to recover unpaid documentation any planned adverse
wages, liquidated damages, and attorney action against an
fees. employee who exercised his or
her rights under the Wage Theft Pre-
D. Anti-Retaliation Provision vention Act within 90 days of the
action, to rebut any presumption of
The Act creates strict new anti- retaliation for a "protected activity";
retaliation provisions, protecting any and
person who has complained about Review all pay policies and
violations of the Act or who otherwise procedures and ensure they comply
"exercised rights," or who is with D.C. law, including making
participating (or "about to" participate) sure the District’s final pay
in a proceeding or investigation related requirements are met with respect to
to the Act. Additionally, any employee both exempt and nonexempt
who is discharged within 90 days of employees; that exempt employees
exercising his or her rights is presumed are paid at least monthly; and that all
to have been the victim of retaliation. employees are properly classified as
The employer may rebut this exempt or nonexempt.
presumption only through "clear and
convincing" evidence.
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F. Additional Information
For more information on the Act, please
visit these links:
Wage Theft Prevention
Amendment Act of 2014 (text of
statute)
Wage Theft Prevention
Correction and Clarification
Emergency Amendment Act of
2014 (first emergency
amendment legislation text)
Wage Theft Prevention
Clarification Emergency
Amendment Act of 2015 (second
emergency amendment
legislation text)
© D.C. Bar Pro Bono Center 2015, 2017
This communication is provided by the D.C. Bar Pro Bono Center and the authors as a public service solely for
informational purposes, without any representation that it is accurate or complete. It does not constitute legal advice,
and should not be construed as such. It does not create an attorney-client relationship between the recipient and any
other person, or an offer to create such a relationship. This communication contains information that is current as of
the date it is written. However, laws change, and as a result the information may no longer be timely. Consult an
attorney if you have questions regarding the contents of this communication.
