D.C. Laws To Take Effect on Workplace Postings and Notices, and Sexual Harassment Training and Reporting

Before we get into the new requirements, some legislative history is warranted.  In 2018, the District of Columbia passed the Tipped Wage Workers Fairness Amendment Act, designed to, among other things, repeal an initiative that would have eliminated the tip credit system in D.C.  That 2018 law mandated local government funding before several provisions of the statute could be implemented that include the postings and sexual harassment training and reporting.  The funding restrictions/requirements were repealed at the end of August, by way of Act 23-407.  As such, on October 30, 2020, the following requirements will finally go into effect:

Workplace Postings and Notices For All Private Employers

  • The Mayor’s office must, within 120 days of the effective date of the law, create a poster that briefly summarizes D.C. employees’ rights under 11 different employment statutes.  All employers are required to display this poster in a conspicuous place accessible to all employees, which includes at least in every break room and near every time clock.  Displaying the summary poster will eliminate employers also having to post individual posters on the Living Wage Act; the D.C. Human Rights Act; the D.C. Family and Medical Leave Act; the Parental Leave Act; the Accrued Sick and Safe Leave Act; the Minimum Wage Act Revision Act; the Building Service Employees Minimum Work Week Act; the Protecting Pregnant Workers Fairness Act; and the D.C. Workers’ Compensation Act.
  • The Mayor must create a website clearly and concisely describing the employee rights under each of the D.C. employment laws.
  • In addition to the required poster, employers must print copies of the information posted on this website and compile it into a single source, such as a binder.  Employers must have a copy of the binder available at every location where the summary poster is displayed.  Employers must update this binder at least monthly, ensuring all contents are up-to-date and exactly match what is on the Mayor’s website.

Sexual Harassment Training For Tipped Employees

  • The D.C. government must provide a sexual harassment prevention training course for employees of companies with tipped employees.  The government may also compile a list of certified trainers to provide this training. 
  • Each employee must be trained in person or online within 90 days of hire, unless the employee has already participated in training within the last two years.
  • Employees hired before the law becomes effective have two years from the effective date to be trained, in person or online.
  • Managers, owners and business operators must be trained every two years.  Owners and business operators have the option to do on-line training.  Manager trainings must be in person.
  • Employers are required to submit to the D.C. Office of Human Rights a certification of training within 30 days after each employee has completed the training.

Sexual Harassment Reporting For Tipped Employees

  • Every employer of a tipped employees must:
    • file with the Office of Human Rights a policy outlining how employees are able to report sexual harassment concerns to management and the D.C. government;
    • distribute its sexual harassment policy to employees and post the policy in a conspicuous place accessible to all employees on the premises (which should necessarily align with the poster placement requirement described above);
    • document all instances of sexual harassment reported to management, noting whether the reported harasser is a non-managerial employee, manager, owner or business operator; and
    • annually file with the D.C. Office of Human Rights the number of sexual harassment allegations reported to management and total number of harassers who fall into the non-managerial, managerial, owner or operator categories.
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