(a) The Mayor or his authorized representative shall have the authority to:
(1) Investigate and ascertain the wages of persons employed in any occupation in the District of Columbia;
(2) Enter and inspect the place of business or employment of any employer in the District of Columbia in order to:
(A) Examine and inspect any books, registers, payrolls, and other records as the Mayor or the Mayor’s authorized representative may deem necessary or appropriate;
(B) Copy books, registers, payrolls, and other records as the Mayor or the Mayor’s authorized representative may deem necessary or appropriate; and
(C) Question an employee for the purpose of ascertaining whether the provisions of this subchapter and the orders and regulations issued thereunder have been and are being complied with; and
(3) Require from any employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and any other information that pertains to the employment of the employees as the Mayor or the Mayor’s authorized representative may deem necessary or appropriate to carry out the purposes of this subchapter.
(b) The Mayor shall encourage reporting pursuant to this subchapter by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or other person reporting a violation during the course of any investigation; provided, that with the authorization of such person, the Mayor may disclose his or her name and identifying information as necessary to conduct a hearing and enforce this subchapter or other employee protection laws.
(Mar. 25, 1993, D.C. Law 9-248, § 6, 40 DCR 761; Feb. 26, 2015, D.C. Law 20-157, § 3(b), 61 DCR 10157.)
1981 Ed., § 36-220.4.
The 2015 amendment by D.C. Law 20-157 added (b).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).
For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).
For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).
For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).
Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.
Structure District of Columbia Code
§ 32–1001. Findings and declaration of policy
§ 32–1006. Regulatory powers of Mayor
§ 32–1007. Investigatory powers of Mayor
§ 32–1008. Duties of employers; open records
§ 32–1008.01. Notice requirements for temporary staffing firms
§ 32–1009. Posting of act and regulations on premises; distribution of copies to employers
§ 32–1009.01. Notice requirements for tipped wages
§ 32–1009.02. Tipped Workers Coordinating Council
§ 32–1011. Penalties; prosecution
§ 32–1012.01. Administrative actions
§ 32–1013. Limitations. [Repealed]