Title 32 — Labor.

(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 …

(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,…

(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…

(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 …

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…

(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 …

(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…

(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…

(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…

(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…

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…

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…

(a) The Mayor, subject to the annual appropriation of funds, shall establish and administer a pre-apprenticeship program to assist District residents in meeting the requirements for registered apprenticeship programs. (b) This program may include academic remediation, classroom-r…

For the purposes of this subchapter, the term: (1) “Applicant” means any person considered or who requests to be considered for employment by an employer. (2) “Arrest” means being apprehended, detained, taken into custody, held for investigation, or restrained by a law enforcemen…

(a) An employer may not make an inquiry about or require an applicant to disclose or reveal: (1) An arrest; or (2) A criminal accusation made against the applicant, which: (A) Is not then pending against the applicant; or (B) Did not result in a conviction. (b) An employer may no…

(a) A person claiming to be aggrieved by a violation of this subchapter may file an administrative complaint with the Office of Human Rights, in accordance with the procedures set forth in subchapter III of Unit A of Chapter 14 of Title 2 [§ 2-1403.01 et seq.]. (b) The administra…

If the Commission on Human Rights finds that a violation of this subchapter has occurred, the commission shall impose the following penalties, of which half shall be awarded to the complainant: (1) For employers that employ 11 to 30 employees, a fine of up to $1,000; (2) For empl…

(a) The Office of Human Rights shall maintain data on the number of complaints filed pursuant to this subchapter, demographic information on the complainants, the number of investigations it conducts, and the disposition of every complaint and investigation. (b) Data maintained b…

The Department of Public Works shall hire qualified ex-offenders to fill at least 26.9 full-time equivalent positions dedicated to the agency’s alley-cutback, graffiti-removal, and other public works programs.

For the purposes of this chapter, the term: (1) “Employee” means any individual employed by an employer. (2) “Employer” means any person who employs or seeks to employ for compensation one or more individuals for a position in the District (but not including the person’s parent, …

No employer or employment agency shall: (1) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed; or (2) Publish, in print, on the Internet, or in any other medium, an advertisement or …

No employer or employment agency shall: (1) Interfere with, restrain, or deny the exercise of, or the attempted exercise of, any right provided under this chapter; or (2) Fail or refuse to hire, or discharge, any employee or potential employee because the employee or potential em…

(a) Nothing set forth in this chapter shall be construed as prohibiting an employer or employment agency from publishing, in print, on the Internet, or in any other medium, an advertisement for any job vacancy that contains any provision setting forth any other qualifications for…

(a) The District of Columbia Office of Human Rights (“Office”) shall receive, review, and investigate complaints regarding violations of this chapter and shall take appropriate enforcement action regarding the complaints. (b) The Office shall respond to a complaint arising pursua…

(a) An employer or employment agency that the Office finds to have violated this chapter shall be subject to a civil penalty for a first violation of $1,000 per claimant, $ 5,000 per claimant for a second violation, and $10,000 per claimant for each subsequent violation, but not …

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. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days…

This chapter shall apply as of October 1, 2015.

[Not funded].

Repealed Repealed.

Without regard for any other provision of law with respect to the appointment of officers and employees of the United States or the District of Columbia, the Mayor of the District of Columbia shall appoint and the Council shall confirm an Apprenticeship Council, to be composed of…

(a) The Director of the Department of Employment Services shall appoint an Associate Director of Apprenticeship whose office shall have responsibility and accountability for the apprenticeship system in the District of Columbia. (b)(1) The Office of Apprenticeship, Information an…

The Apprenticeship Council shall meet at the call of the Associate Director of Apprenticeship, or the chairman thereof, and shall aid in formulating policies for the effective administration of this subchapter. Subject to the approval of the Director of the Department of Employme…

The Associate Director of Apprenticeship, under the supervision of the Director of the Department of Employment Services and with the advice and guidance of the Apprenticeship Council, shall: (1) Administer the provisions of this subchapter in cooperation with the Apprenticeship …

(a) Local joint apprenticeship committees and non-joint apprenticeship committees in any trade or group of trades may be submitted to the Registration Agency for approval. Such apprenticeship committees shall be composed of an equal number of employer and employee representatives…

For the purposes of this subchapter, the term “apprentice” means a worker at least 16 years of age, except when a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation meeting the criteria approved by the Registration Agency …

Every apprenticeship agreement entered into pursuant to this subchapter shall contain: (1) The names and signatures of the contracting parties, including the apprentice’s parent or guardian, if the apprentice is a minor, and the contact information of the program sponsor and the …

No apprenticeship agreement shall be registered or approved by the Associate Director of Apprenticeship under the provisions of this subchapter unless it conforms with the standards established by or in accordance with this subchapter and is in the best interests of the apprentic…

(a) Upon the complaint of any interested person or upon his own initiative, the Associate Director of Apprenticeship may investigate to determine if there has been a violation of the terms of an apprenticeship agreement made under this subchapter and may hold hearings, inquiries,…

The provisions of this subchapter shall apply to any person, firm, corporation, or craft in the District of Columbia which has voluntarily elected to conform with its provisions.

Repealed Repealed.

(a) There is established within the Department of Employment Services a Youth Apprenticeship Advisory Committee. The members of the Committee shall be appointed by the Mayor in accordance with § 1-523.01(f). (b) The Committee shall be composed of 11 members, as follows: (1) Two r…

If any provision of this subchapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the subchapter, and the application of such provision to other persons and circumstances, shall not be affected thereby.

(a)(1) All prime contractors and subcontractors who contract with the District of Columbia government to perform construction, renovation work, or information technology work with a single contract, or cumulative contracts, of at least $500,000, let within a 12-month period shall…

For the purposes of this chapter, the term: (1) Employee means an individual employed by an employer. (2) “Employer” means an individual, firm, association, or corporation who uses the services of another individual for pay in the District; provided, that the term employer does n…

An employer shall not: (1) Require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; (2) Discharge, discipline, interfere with, or otherwise retaliate …

(a) An employer may prohibit an employee with regular access to information regarding the wages of other employees in the course of the employees work, such as a human resources employee, from sharing such information, unless the disclosure is in furtherance of or response to an …

No provision of this chapter shall in any way be contravened or set aside by private agreement.

(a) If an employer fails to comply with the provisions of this chapter, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation. (b) Adjudication for a violation of this chapter shall be pur…

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 chapter.

This chapter shall not apply to an employment contract entered into before March 11, 2015; provided, that upon renewal of such a contract, this chapter shall apply.