29 chapters · 375 sections in this title.
D.C. Code § 32-1113 Recordkeeping and reporting
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(a) Each employer shall make, keep, preserve, and make available to the Mayor any records relating to this chapter that the Mayor may require, by rule, for the enforcement of this chapter or for the development of information regarding the causes and prevention of occupational ac…
D.C. Code § 32-1114 Citations
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(a) If, upon an inspection or investigation, the Mayor believes that an employer has violated a requirement of § 32-1103 or a rule or order promulgated pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, the Mayor shall, after completion of the inspection or investigation,…
D.C. Code § 32-1115 Procedure for enforcement
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(a) If, within the time period following service of a citation specified in § 32-1114, the employer fails to notify the Mayor that the employer intends to contest the citation or proposed penalty and no notice is filed by an employee or representative of the employee under subsec…
D.C. Code § 32-1116 Judicial review and enforcement
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(a) Within 60 days of the issuance of a decision or order by the Commission or the issuance of a final order of the Mayor when the Commission does not review a decision or order of the Mayor, an employer, employee, or representative of an employee, suffering a legal wrong or adve…
D.C. Code § 32-1117 Nondiscrimination
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(a) No person shall discharge or discriminate against an employee because an employee has filed a complaint, instituted or caused to be instituted a proceeding pursuant to this chapter, testified or is about to testify in a proceeding, exercised a right afforded by this chapter o…
D.C. Code § 32-1118 Procedures to counteract imminent danger
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(a) The Superior Court shall, upon petition of the Mayor, restrain or enjoin conditions or practices in any place of employment which are a danger and could reasonably be expected to cause death or serious physical harm either immediately or before the imminence of danger can be …
D.C. Code § 32-1119 Confidentiality of trade secrets
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All information reported to or otherwise obtained by the Mayor or the Commission in connection with an inspection, investigation, or proceeding under this chapter which contains or which might reveal a trade secret, shall be considered confidential, except that information may be…
D.C. Code § 32-1120 Civil penalties
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(a) An employer who willfully or repeatedly violates the requirement of § 32-1103, a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111, or any other rule promulgated pursuant to this chapter, may be assessed a civil penalty of not more tha…
D.C. Code § 32-1121 Criminal penalties
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(a) An employer who willfully violates a rule promulgated or order issued pursuant to § 32-1108, § 32-1109, § 32-1110, or § 32-1111 or any other rule promulgated pursuant to this chapter, and that violation causes death to an employee, the employer, shall, upon conviction, be sub…
D.C. Code § 32-1122 Action against District government
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(a) The provisions of §§ 32-1120 and 32-1121 shall not apply to a District government or quasi-government agency or an entity established pursuant to interstate compact, except as provided in subsection (b) of this section. (b) An affected employee of a District government or qua…
D.C. Code § 32-1123 Establishment of Office of Occupational Safety and Health; promulgation of rules and regulations
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Upon approval of the plan by the Secretary, the Mayor shall have 2 years to establish the Office of Occupational Safety and Health and to promulgate rules to carry out the provisions of this chapter. Nothing in this chapter shall affect any requirements imposed upon the Mayor by …
D.C. Code § 32-1124 Applicability
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(a) Sections 32-1102, 32-1103, 32-1105 through 32-1123, and the repeal of Subchapter I of Chapter 8 of Title 32 shall apply 2 years after approval of the plan by the Secretary. (b) Rules and standards adopted pursuant to any act repealed or superseded by this chapter shall remain…
D.C. Code § 32-1201 Definitions
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For purposes of this chapter, the term: (1) “Employer” means any individual, firm, association, corporation, the District of Columbia government, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, who u…
D.C. Code § 32-1202 Amount of leave; denial; form; notice
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(a) Except as provided in this section, an employee who is a parent shall be entitled to a total of 24 hours leave during any 12 month period to attend or participate in a school-related event for his or her child. (b) Except as provided in this section, an employee shall be enti…
D.C. Code § 32-1203 Effect of leave on employment benefits or seniority
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An employee who takes leave pursuant to § 32-1202 shall not lose any employment benefit or seniority accrued before or during the date of such leave.
D.C. Code § 32-1204 Administrative enforcement procedure; relief
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(a) The Mayor shall provide an administrative procedure pursuant to which a person claimed to be aggrieved under this chapter may file a complaint against an employer alleged to have violated this chapter. A complaint shall be filed within 1 year of the occurrence or discovery of…
D.C. Code § 32-1205 Enforcement by civil action
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(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this chapter in any court of competent jurisdiction. (b) No civil action may be commenced more than 1 year after th…
D.C. Code § 32-1206 Notice
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(a) The Mayor shall devise and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this chapter and information that pertains to the filing of a complaint under this chapter. (b) Any employ…
D.C. Code § 32-1231.01 Definitions
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For the purposes of this chapter, the term: (1) “DOES” means the Department of Employment Services. (2) “Reasonable accommodation” means an accommodation that does not cause undue hardship in the operation of the employer's business that an employer can make for an employee whose…
D.C. Code § 32-1231.02 Provision of reasonable accommodation
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(a) An employer shall engage in good faith in a timely and interactive process with an employee requesting or otherwise needing a reasonable accommodation to determine a reasonable accommodation for that employee. (b)(1) An employer may require an employee to provide a certificat…
D.C. Code § 32-1231.03 Prohibitions
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An employer shall not: (1) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the employer can demonstrate that the accommodation would impose an undue hardship; …
D.C. Code § 32-1231.04 Notice of rights to employees
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(a) An employer shall post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding purs…
D.C. Code § 32-1231.05 Department of Employment Services; education efforts
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The DOES shall develop courses of instruction and conduct ongoing public education efforts as necessary to inform employers, employees, employment agencies, and job applicants about their rights and responsibilities under this chapter.
D.C. Code § 32-1231.06 Employee right of action
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An employee or employees injured by a violation of this chapter shall be entitled to maintain an administrative action or a civil action.
D.C. Code § 32-1231.07 Administrative enforcement by DOES
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(a) An employee who claims that an employer has violated the employee's right under this chapter and seeks redress shall file a complaint with DOES. (b) The DOES, which shall administer this chapter, shall establish administrative procedures for an aggrieved person to file a comp…
D.C. Code § 32-1231.08 Hearing by Office of Administrative Hearings
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(a) In accordance with § 2-1831.03(b)(1), a party contesting the determination made by DOES shall be entitled to a hearing before the Office of Administrative Hearings. (b) Upon the exhaustion of administrative remedies, an employee aggrieved by the order of the Office of Adminis…
D.C. Code § 32-1231.09 Enforcement by civil action
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(a) A civil action may be maintained against any employer in a court of competent jurisdiction by one or more employees. (b) An employer who violates the provisions of this chapter shall be liable to the affected employee or employees for the remedies set forth in § 32-1231.07(c)…
D.C. Code § 32-1231.10 Interest and collection on amounts due
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(a) In any administrative or civil action brought under this chapter, the Mayor or court shall award interest on all amounts due and unpaid at the rate of interest specified in § 28-3302(b) or (c). (b) The award of any money awarded to an employee under this chapter shall be enfo…
D.C. Code § 32-1231.11 Penalties
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(a) An employer who willfully violates § 32-1231.03 shall be subject to a civil penalty of $ 1,000 for the 1st offense, $ 1,500 for the 2nd offense, and $ 2,000 for the 3rd and each subsequent offense. (b) An employer who fails to post the notice of rights as required by § 32-123…
D.C. Code § 32-1231.12 Pregnant Workers Protection Fund
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(a) There is established as a special fund the Pregnant Workers Protection Fund (“Fund”), which shall be administered by DOES in accordance with subsection (c) of this subsection. (b) The Fund shall consist of the revenue from the following sources recovered under this chapter: (…
D.C. Code § 32-1231.13 Rules
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Within 60 days of March 3, 2015, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including establishing procedures for a business to prove undue hardship.
D.C. Code § 32-1231.14 Construction
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This chapter shall not be construed to preempt, limit, diminish, or otherwise affect any other provision of law relating to sex discrimination or pregnancy or in any way to diminish the coverage for pregnancy, childbirth, or a related medical condition.
D.C. Code § 32-1231.15 Applicability
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This chapter shall apply as of October 1, 2015.
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 Transitional employment program
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(a) The Mayor shall establish and implement a program, subject to the annual appropriation of funds, to provide transitional employment for District of Columbia residents residing in persistent problem areas who face barriers to employment due to deficiencies in education, work e…
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.