New Required Notices for D.C. Employers
By: Jennifer S. Jackman, Esq. and Tiffany M. Releford, Esq.
The D.C. Wage Theft Prevention Amendment Act of 2014 (WTPAA) became effective February 26, 2015. Under the WTPAA, all D.C. employers must provide new hires with specific information about their employment. Further, effective May 27, 2015, D.C. employers must provide all existing employees with updated information about their employment. This new notice requirement applies to all D.C. employers regardless of size. Both new hires and existing employees must be given notice of the terms and conditions of their employment in the format set forth in the Notice of Hire- Employment Status and Acknowledgement of Wage Rate(s) (Notice of Hire). A copy of the Notice of Hire can be found at the D.C. Depart of Employment Services website, http://does.dc.gov. The employment information to be provided includes:
- Name of employer, including other names used by employer;
- Address of employer main office or principal place of business, and a mailing address if different;
- Telephone number of employer;
- Pay Information;
- Pay frequency and payday information (i.e. weekly, biweekly, etc. and day of week when wages are payable/available)
- Any allowances claimed as part of wages (ex. tips, meals, lodging, etc.)
- If employees receive tips, the employer's tip pool policy must be explained
- Living wage information or exemption from the living wage
- Overtime rate of pay or exemption from overtime pay
- Information regarding the prevailing rate of pay for the job classification; and
- Contact information for the Office of Wage-Hour
New hires and current employees must acknowledge receipt of the Notice of Hire by checking a box that he/she has received the form in English and his/her primary language. The new hire or existing employee must also sign and date the form. If an employee refuses to sign the form, the employer must note the employee's refusal to sign on the form. In either scenario, the employer must retain a copy of the form for three years.
It is imperative that all D.C. employers immediately comply with this new notice requirement to avoid penalties under WPTAA which can be substantial. For more information or for assistance with compliance please contact Jennifer Jackman, Esq. (202-659-6794) and/or Tiffany Releford, Esq. (202-659-6764).