29 chapters · 375 sections in this title.
D.C. Code § 32-1301 Definitions
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(a) Whenever used in this chapter: (1) “Employer” includes every individual, partnership, firm, general contractor, subcontractor, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnersh…
D.C. Code § 32-1302 When wages must be paid; exceptions
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Every employer shall pay all wages earned to his employees at least twice during each calendar month, on regular paydays designated in advance by the employer; provided, however, that an interval of not more than 10 working days may elapse between the end of the pay period covere…
D.C. Code § 32-1303 Payment of wages upon discharge or resignation of employee and upon suspension of work; employer’s liability for failure to make such payment
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Unless otherwise specified in a collective agreement between an employer and a bona fide union representing his employees: (1) Whenever an employer discharges an employee, the employer shall pay the employee’s wages earned not later than the working day following such discharge; …
D.C. Code § 32-1304 Unconditional payment of wages conceded to be due
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In case of a bona fide dispute concerning the amount of wages due, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time required by §§ 32-1302 and 32-1303; provided…
D.C. Code § 32-1305 Provisions of law may not be waived
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(a) Except as herein provided, no provision of this chapter shall in any way be contravened or set aside by private agreement. (b) In enforcing the provisions of this chapter, the remuneration promised by an employer to an employee shall be presumed to be at least the amount requ…
D.C. Code § 32-1306 Enforcement, records and subpoenas
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(a)(1) The Mayor shall enforce and administer the provisions of this chapter, the Living Wage Act, the Sick and Safe Leave Act, and the Minimum Wage Revision Act, including conducting investigations of any violations and holding hearings and instituting actions for penalties. Any…
D.C. Code § 32-1307 Penalties
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(a)(1) Any employer who negligently fails to comply with the provisions of this chapter or the Living Wage Act shall be guilty of a misdemeanor and, upon conviction, shall be fined: (A) For the first offense, an amount per affected employee of not less than the amount of wages ow…
D.C. Code § 32-1307.01 Wage Theft Prevention Fund
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(a) There is established as a special fund the Wage Theft Prevention Fund (“Fund”), which shall be administered by the Department of Employment Services in accordance with subsection (c) of this section. (b) The Fund shall consist of the revenue from the following sources recover…
D.C. Code § 32-1308 Civil actions
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(a)(1) Any employee or person aggrieved by a violation of this chapter, the Minimum Wage Revision Act, the Sick and Safe Leave Act, or the Living Wage Act, or any entity a member of which is aggrieved by a violation of this chapter, the Minimum Wage Revision Act, the Sick and Saf…
D.C. Code § 32-1308.01 Administrative actions on employee complaints
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(a) When an employee requests administrative enforcement of this chapter, the Minimum Wage Revision Act, the Living Wage Act, and the Sick and Safe Leave Act, the Mayor shall investigate and make an initial determination regarding alleged violations. A signed complaint for non-pa…
D.C. Code § 32-1309 Mayor may delegate functions
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The Mayor is authorized to delegate to any agency of the government of the District of Columbia any function, power, or duty vested in or imposed upon him by this chapter.
D.C. Code § 32-1310 Severability
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If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby.
D.C. Code § 32-1311 Retaliation
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(a) It shall be unlawful for any employer to discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee or person because that employee or person has: (1) Made or is believed to have made a complaint to his or her employer, the Mayor, the…
D.C. Code § 32-1331.01 Definitions
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For the purposes of this subchapter, the term: (1) “Construction services” includes, without limitation, all building or work on buildings, structures, and improvements of all types such as bridges, dams, plants, highways, parkways, streets, tunnels, sewers, mains, power lines, p…
D.C. Code § 32-1331.02 Application
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This subchapter shall apply only to the construction services industry.
D.C. Code § 32-1331.03 Deemed employers
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For the purposes of this subchapter, the officers of a corporation and any agents having the management thereof who knowingly permit the corporation to violate this subchapter shall be deemed to be the employers of the employees of the corporation.
D.C. Code § 32-1331.04 Workplace fraud prohibited
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(a) An employer shall not improperly classify an individual who performs services for remuneration paid by an employer as an independent contractor. (b) An employer has improperly classified an individual when an employer-employee relationship exists, as determined by subsection …
D.C. Code § 32-1331.05 Investigation of complaints
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(a) The Mayor, pursuant to a complaint from an employee, a representative of an employee, an interested party, or on his or her own initiative, shall investigate violations of this subchapter. (b) The Mayor may: (1) Enter and inspect the premises or place of business, employment,…
D.C. Code § 32-1331.06 Hearings
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(a)(1) Within 15 days after service of notice of a violation, an alleged violator may submit a written request to the Mayor to hold a hearing on the alleged violation. (2) Upon receipt of a timely request, the Mayor shall conduct a hearing in accordance with the procedures set fo…
D.C. Code § 32-1331.07 Penalties
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(a) Any employer who violates or fails to comply with the requirements of this subchapter shall be subject to a civil penalty of not less than $1,000, and not more than $5,000, for each violation. Each employee who is not properly classified in violation of this subchapter shall …
D.C. Code § 32-1331.08 Provisions of law may not be waived by agreement
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No provision of this subchapter may in any way be contravened or set aside by private agreement. Any agreement between an employer and employee in which the employee, despite not being an exempt person, agrees to be classified as an independent contractor shall be no defense to a…
D.C. Code § 32-1331.09 Private right of action
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(a) A person aggrieved by a violation of this subchapter, or any rule issued pursuant to this subchapter, by an employer or entity may bring a civil action in any court of competent jurisdiction within 3 years after the occurrence of the alleged violation of [this] subchapter. A …
D.C. Code § 32-1331.10 Retaliation prohibited
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(a) An employer may not discriminate in any manner or take adverse action against any person because the person: (1) Makes an oral or written complaint with the employer or the Mayor alleging that the employer violated any provision of this subchapter or any rule issue pursuant t…
D.C. Code § 32-1331.11 Provisions relating to contracts with public bodies
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(a) Where, after investigation, the Mayor determines that an employer who is or has engaged in work on a project funded by District funds is in violation of this subchapter, the Mayor shall: (1) Withhold from payment due to the employer an amount that is sufficient to: (A) Pay re…
D.C. Code § 32-1331.12 Employer record-keeping requirements
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(a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information: (1) The name, address, occupation, and classification of each employee, exempt person, or independent contractor; (2) The rate of pay…
D.C. Code § 32-1331.13 Further acts prohibited; penalty
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(a) A person who knowingly incorporates or forms, or assists in the incorporation or formation of, a corporation, partnership, limited liability company, or other entity, or pays or collects a fee for use of a foreign or domestic corporation, partnership, limited liability corpor…
D.C. Code § 32-1331.14 Rules
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The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and day…
D.C. Code § 32-1331.15 Workplace Fraud Fund
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There is established as a nonlapsing fund the Workplace Fraud Fund (“Fund”). Each civil penalty collected pursuant to this subchapter shall be paid into the Fund to partially offset the administration, investigation, and other expenses incurred in implementing this subchapter. Al…