How to Ensure Compliance with DC Wage Theft Prevention Amendment Act of 2014

Posted on: July 16th, 2015 by RWS Consulting No Comments

Is your business compliant with the new DC Wage Theft Act? Check these amendments to ensure you and your employees are protected.

DC Wage Theft Prevention Amendment Act of 2014

While the DC Wage Theft Prevention Amendment Act of 2014 officially went into effect on February 26, 2015, there may still be some employers who have not completed the steps necessary to comply with the various new laws.

The Act provides amendments for the Minimum Wage Act Revision Act of 1992, Living Wage Act of 2006, and Accrued Sick and Safe Leave Act of 2008.

If you are an employer operating in the District of Columbia and you are not familiar with the new requirements of the Act or have not fulfilled them yet, then read on because you need to take immediate action in order to avoid significant fines and penalties.

 

Requirements of the Wage Theft Act:

Post Notice of the Act
Employers are required to post this Notice of the Act conspicuously in the workplace.

Provide Pay Notice Information to Current Employees
As part of the DC Wage Theft Prevention Amendment Act of 2014, employers are required to provide wage information to current and new employees via a written notice.

If current employees have not received their notices, then employers should provide these right away. New employees must receive a written notice immediately upon hire.
Notice of Hire to Employees Template (English/Spanish)

You may use a notice template provided by the DC Department of Employment Services or you can create your own, but it must include:

  • Employer name and any of employer’s “doing business as” (DBA) names
  • Employer’s physical address of main office or principal place of business, and mailing address if different
  • Employer’s telephone number
  • Employee’s rate of pay and basis of rate, including:
    • Rate: hour, shift, day, or week (whichever applicable)
    • Salary, piece rate, or commission (whichever applicable)
    • Minimum wage allowances: tip, meal, or lodging
    • Overtime rate of pay or exemptions from overtime pay
    • Living wage or exemptions from living wage
    • Prevailing wages (if applicable)
  • Employer’s regular payday designated by employer

*Note: As of July 1, 2015, the current minimum wage is $10.50 per hour for all workers, regardless of size of employer. Employers are required to issue payments to employers at least two times per calendar month.

Read the Earned Sick and Safe Leave Amendment Act of 2013
The DC Wage Theft Act includes amendments to the Accrued Sick and Safe Leave Act of 2008, now known as the “Earned Sick and Safe Leave Amendment Act of 2013.”

The Act makes provisions for paid leave, which now accrues at the beginning of employment and is available for use after 90 days of service to the employer.

Some clarification for the term “employee” has been made, including exemptions such as independent contractors, students, volunteers, and so forth.

Employers in DC need to understand the amendments because it changes the rights of employers and employees.

If You Do Not Comply
Businesses that do not comply with the DC Wage Theft Prevention Amendment Act of 2014 can face hefty fines and restrictions. Some of these include:

  • Denial of business license for three years
  • Up to $5,000 per employee for negligent violations
  • Up to $10,000 and imprisonment up to 90 days for willful violations
  • Damages equal to triple the amount of unpaid wages
  • Joint and several liability for employers, subcontractors, and temporary staffing agencies

To learn more about how you can comply with the DC Wage Theft Act, you can contact Brooks Business Services in the DC area. We can help you get set up with some aspects of the new laws, and we can refer you to highly reputable HR agencies to help you with the rest.

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