DC Employers Must Start Providing Wage Notices to Current Employees in Two Weeks

 

As advised in our previous Client Alert (available here), starting on May 27, 2015, the Wage Theft Prevention Amendment Act of 2014 (the “Act”) will require District of Columbia employers to provide written notice to all DC employees containing, among other things, the employee’s rate of pay and the basis of that rate.

 

The District of Columbia’s Department of Employment Services (“DOES”) recently clarified several aspects of the Act, including the following:

 

• It is permissible for employers to provide pay notices electronically, and employees may electronically sign the notice as well, as long as there is a system in place ensuring that the specific employee generated the signature;

 

• As an employer, it is not necessary for you to use the DOES Notice of Hire template, so long as you are able to convey the information required by the Act.  Thus, you may modify the template or create your own form;

 

• Although the DOES template notice only lists the administrative, professional and executive exemptions, an employer will satisfy the Act by listing other FLSA exemptions met by the employee (i.e., outside sales exemption, computer professional, etc.);

 

• DOES has announced its “Zip Code Project,” which will consist of a team of three investigators that will visit D.C. businesses to ensure they are in compliance with D.C. wage and hour laws.  The Zip Code Project will be prioritizing industries, including construction, food services, home health care, daycare and retail industries.  As an employer, you should be aware that you are subject to one of these visits, and should plan accordingly.  DOES has recently released a notice to employers relating to the Zip Code Project, which is available here; and

 

• The Act not only applies to all employees working in DC, but also to employees who spend at least 50% of their time working in DC, regardless of where they are based.

 

As a reminder, in addition to the mandated written notice, the Act requires employers to record the precise time worked by employees who are compensated on an hourly basis.  These records must contain the start and stop time for each working day, as well as the start and stop time of any breaks taken by employees.

 

With the deadline for the Act’s written notice requirement rapidly approaching, it is essential to take all necessary steps to ensure full compliance with the Act.  We will continue to advise you on any further developments relating to the Act.

 

Kara M. Maciel

Chair, Labor • Employment

202.909.2730

kmaciel@connmaciel.com

 

Jordan B. Schwartz

Partner

202.909.2731

jschwartz@connmaciel.com